Document ID: chunk:federal_register_of_legislation:C2024C00854:section:248qd
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 248QD
Character Range: 921393–923407

248QD  Selling etc. unauthorised sound recording

Indictable offence
 (1) A person commits an offence if:
 (a) the person does any of the following acts:
 (i) sells a sound recording of a performance;
 (ii) lets for hire a sound recording of a performance;
 (iii) by way of trade offers or exposes for sale or hire a sound recording of a performance; and
 (b) the act is done during the 50‑year protection period of the performance; and
 (c) the recording is an unauthorised recording.
 (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 does any of the following acts:
 (i) sells a sound recording of a performance;
 (ii) lets for hire a sound recording of a performance;
 (iii) by way of trade offers or exposes for sale or hire a sound recording of a performance; and
 (b) the act is done during the 50‑year 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 does any of the following acts:
 (i) sells a sound recording of a performance;
 (ii) lets for hire a sound recording of a performance;
 (iii) by way of trade offers or exposes for sale or hire a sound recording of a performance; and
 (b) the act is done during the 50‑year 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.