Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:9_169
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 9 cl 169
Character Range: 241190–242372

169  After subsection 135ANA(1)
Insert:

 (1A) Subject to subsection (2), this subsection applies if:
 (a) a broadcaster makes an encoded broadcast; and
 (b) a broadcast decoding device is used to gain access to the encoded broadcast without the authorisation of the broadcaster; and
 (c) a person distributes (including by communicating), or authorises the distribution of, the broadcast that has been accessed by the device; and
 (d) the distribution affects prejudicially a person who may bring an action under subsection (3); and
 (e) the person knew that the broadcaster had not authorised the access to the encoded broadcast.

 (1B) Subject to subsection (2), this subsection applies if:
 (a) a broadcaster makes an encoded broadcast; and
 (b) a broadcast decoding device is used to gain access to the encoded broadcast without the authorisation of the broadcaster; and
 (c) a person receives the broadcast that has been accessed by the device; and
 (d) the person knew that the broadcaster had not authorised the access to the encoded broadcast.

Note: The following heading to subsection 135ANA(2) is inserted "Exception relating to law enforcement and national security".