Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:9_135aob
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 9 cl 135AOB
Character Range: 187920–189348

135AOB  Making decoder available online

 (1) This section permits an action to be brought against a person if:
 (a) a decoder was supplied (to the person or someone else) by, or with the authorisation of, the broadcaster (the supplying broadcaster) of a subscription broadcast; and
 (b) the person makes the decoder available online to an extent that will prejudicially affect any of the following persons (the affected parties):
 (i) anyone with an interest in the copyright in a subscription broadcast by the supplying broadcaster;
 (ii) anyone with an interest in the copyright in the content of a subscription broadcast by the supplying broadcaster;
 (iii) a channel provider who supplies the supplying broadcaster with a channel for a subscription broadcast; and
 (c) the person knows, or ought reasonably to know, that the decoder will be used to enable someone to gain access to a subscription broadcast without the authorisation of the broadcaster.

 (2) The action may be brought by any of the affected parties but only within 6 years of the person first making the decoder available online as described in paragraph (1)(b).

 (3) In an action under this section it must be presumed that the defendant knew, or ought reasonably to have known, that the decoder would be used as described in paragraph (1)(c), unless the defendant proves otherwise.

Subdivision C—Actions for unauthorised access to encoded broadcasts