Document ID: chunk:federal_register_of_legislation:C2004C01235:clause:1_135as
Version: federal_register_of_legislation:C2004C01235
Segment Type: clause
Provision Reference: sch 1 cl 135AS
Character Range: 66433–68194

135AS  Offences

 (1) A person must not:
 (a) make a broadcast decoding device; or
 (b) sell, let for hire, or by way of trade offer or expose for sale or hire, a broadcast decoding device; or
 (c) distribute a broadcast decoding device with the intention of trading, or engaging in any other activity that will affect prejudicially a broadcaster; or
 (d) exhibit a broadcast decoding device in public by way of trade; or
 (e) import a broadcast decoding device into Australia with the intention of:
 (i) selling, letting for hire, or by way of trade, offering or exposing for sale or hire, the device; or
 (ii) distributing the device for trading, or for engaging in any other activity that will affect prejudicially a broadcaster; or
 (iii) exhibiting the device in public by way of trade; or
 (f) make a broadcast decoding device available on‑line to an extent that will affect prejudicially a broadcaster;
if the person knows, or is reckless as to whether, the device will be used to enable a person to gain access to an encoded broadcast without the authorisation of the broadcaster.

 (2) Subsection (1) does not apply in respect of anything lawfully done for the purposes of law enforcement or national security by or on behalf of:
 (a) the Commonwealth or a State or Territory; or
 (b) an authority of the Commonwealth or of a State or Territory.

 (3) The only burden of proof that a defendant bears in respect of subsection (2) is the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter in question existed.

 (4) A person who contravenes subsection (1) is guilty of an offence punishable on summary conviction by a fine of not more than 550 penalty units and/or imprisonment for not more than 5 years.