Document ID: chunk:federal_register_of_legislation:C2024C00854:section:248ph
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 248PH
Character Range: 903806–906070

248PH  Unauthorised copying of authorised sound recording

Indictable offence
 (1) A person commits an offence if:
 (a) the person makes a copy of a sound recording of a performance, intending that the copy be used in a sound‑track; and
 (b) the copy is made during the 20‑year protection period of the performance; and
 (c) the copy is made without the authority of the performer; and
 (d) the sound recording is an authorised sound recording; and
 (e) the making of the sound recording was not authorised for the purpose of use in that or any other sound‑track.
 (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 copy of a sound recording of a performance, intending that the copy be used in a sound‑track; and
 (b) the copy is made during the 20‑year protection period of the performance; and
 (c) the copy is made without the authority of the performer and the person is negligent as to that fact; and
 (d) the sound recording is an authorised sound recording; and
 (e) the making of the sound recording was not authorised for the purpose of use in that or any other sound‑track 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.

Strict liability offence
 (5) A person commits an offence if:
 (a) the person makes a copy of a sound recording of a performance in preparation for use in a sound‑track; and
 (b) the copy is made during the 20‑year protection period of the performance; and
 (c) the copy is made without the authority of the performer; and
 (d) the sound recording is an authorised sound recording; and
 (e) the making of the sound recording was not authorised for the purpose of use in that or any other sound‑track.
Penalty: 60 penalty units.
 (6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.