Document ID: chunk:federal_register_of_legislation:C2004A01389:clause:1_39
Version: federal_register_of_legislation:C2004A01389
Segment Type: clause
Provision Reference: sch 1 cl 39
Character Range: 10844–11604

39  After subsection 135AS(1B)
Insert:

Offence in relation to use of encoded broadcast that has been accessed without authorisation

 (1C) A person commits an offence if:
 (a) a broadcaster makes an encoded broadcast; and
 (b) a broadcast decoding device is used to gain access to the encoded broadcast; and
 (c) the access is gained without the authorisation of the broadcaster; and
 (d) the person receives the broadcast that has been accessed by the device; and
 (e) the person knows the broadcaster had not authorised the access to the broadcast; and
 (f) the person uses, or authorises the use of, the broadcast by way of trade or with the intention of obtaining a commercial advantage or profit.

Note: See section 135AL for the definition of profit.