Document ID: chunk:federal_register_of_legislation:C2024C00854:section:248pl
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 248PL
Character Range: 913777–915596

248PL  Exhibiting unauthorised recording in public by way of trade

Indictable offence
 (1) A person commits an offence if:
 (a) the person by way of trade exhibits in public a recording of a performance; and
 (b) the exhibition occurs during the protection period of the performance; and
 (c) the recording is an unauthorised recording.
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 by way of trade exhibits in public a recording of a performance; and
 (b) the exhibition occurs during the protection period of the performance; and
 (c) the recording is an unauthorised recording 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 by way of trade exhibits in public a recording of a performance; and
 (b) the exhibition occurs during the protection period of the performance; and
 (c) the recording is an unauthorised recording.
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.