Document ID: chunk:federal_register_of_legislation:C2024C00854:section:135asi
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 135ASI
Character Range: 524279–525588

135ASI  Unauthorised access to subscription broadcast etc.
  A person commits an offence if:
 (a) the person does an act; and
 (b) the act (either alone or in conjunction with other acts) results in the person gaining access in intelligible form to a subscription broadcast or sounds or images from a subscription broadcast; and
 (c) the access is not authorised by the broadcaster and the person knows that; and
 (d) the act does not consist merely of one or more of the following:
 (i) starting the playing of sounds or images in or from the broadcast on a device (for example by switching the device on);
 (ii) listening to sounds in or from the broadcast and/or seeing images in or from the broadcast;
 (iii) distributing the sounds or images within a single dwelling that is occupied by a single household and is the subject of an arrangement involving a member of the household and the broadcaster about authorisation of private access to the broadcast; and
 (e) the access to the sounds or images is not gained from:
 (i) a cinematograph film, or sound recording, made of the encoded broadcast; or
 (ii) a copy of such a film or recording.
Note: The making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.
Penalty: 60 penalty units.