Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:1_248pa
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 1 cl 248PA
Character Range: 74137–75530

248PA  Unauthorised direct recording during protection period

Indictable offence

 (1) A person commits an offence if:
 (a) the person makes a direct recording of a performance; and
 (b) the recording is made during the protection period of the performance; and
 (c) the recording is made without the authority of the performer.

Note: Under section 248CA, the protection period of a performance is:

(a) a 20‑year protection period so far as this section relates to a cinematograph film of the performance; and

(b) a 50‑year protection period so far as this section relates to a sound recording of the performance.

 (2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.

Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).

Summary offence

 (3) A person commits an offence if:
 (a) the person makes a direct recording of a performance; and
 (b) the recording is made during the protection period of the performance; and
 (c) the recording is made without the authority of the performer and the person is negligent as to that fact.

Penalty: 120 penalty units or imprisonment for 2 years, or both.

 (4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.