Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:9_135asj:p1
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 9 cl 135ASJ (pt 1/2)
Character Range: 203309–205855

135ASJ  Causing unauthorised access to encoded broadcast etc.

 (1) A person commits an offence if:
 (a) the person does an act; and
 (b) the act is done by way of trade; and
 (c) the act results in the person or anyone else gaining access in intelligible form to an encoded broadcast or sounds or images from an encoded broadcast; and
 (d) the access is not authorised by the broadcaster; and
 (e) the access to the sounds or images is not gained from:
 (i) a cinematograph film, or sound recording, made of the encoded broadcast; or
 (ii) a copy of such a film or recording.

Note: Paragraph (e)—the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.

 (2) A person commits an offence if:
 (a) the person does an act with the intention of obtaining a commercial advantage or profit; and
 (b) the act results in the person or anyone else gaining access in intelligible form to an encoded broadcast or sounds or images from an encoded broadcast; and
 (c) the access is not authorised by the broadcaster; and
 (d) the access to the sounds or images is not gained from:
 (i) a cinematograph film, or sound recording, made of the encoded broadcast; or
 (ii) a copy of such a film or recording.

Note: Paragraph (e)—the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.

 (3) A person commits an offence if:
 (a) the person does an act; and
 (b) the act results in anyone else gaining access in intelligible form to an encoded broadcast or sounds or images from an encoded broadcast; and
 (c) the access is not authorised by the broadcaster and the person knows that; and
 (d) the act does not consist merely of one or more of the following:
 (i) starting the playing of sounds or images in or from the broadcast on a device (for example by switching the device on);
 (ii) distributing the sounds or images within a single dwelling that is occupied by a single household and is the subject of an arrangement involving a member of the household and the broadcaster about authorisation of private access to the broadcast; and
 (e) the access to the sounds or images is not gained from:
 (i) a cinematograph film, or sound recording, made of the encoded broadcast; or
 (ii) a copy of such a film or recording.

Note: Paragraph (e)—the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.

 (4) An offence against subsection (1), (2) or