Document ID: chunk:federal_register_of_legislation:C2024C00854:section:132as:p2
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 132AS (pt 2/2)
Character Range: 468217–470120

of the owner or exclusive licensee of the copyright but the information has been altered without that permission; and
 (e) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright and the person is negligent as to that result.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
 (4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.

Strict liability offence
 (5) A person commits an offence if:
 (a) copyright subsists in a work or other subject‑matter; and
 (b) the person does either of the following acts in relation to electronic rights management information that relates to the work or subject‑matter:
 (i) distributes the electronic rights management information in preparation for, or in the course of, trading or in preparation for, or in the course of, obtaining a commercial advantage or profit;
 (ii) imports the electronic rights management information into Australia in preparation for, or in the course of, trading or in preparation for, or in the course of, obtaining a commercial advantage or profit; and
 (c) the person does so without the permission of the owner or exclusive licensee of the copyright; and
 (d) either:
 (i) the information has been removed from a copy of the work or subject‑matter without the permission of the owner or exclusive licensee of the copyright; or
 (ii) the information has been removed from a copy of the work or subject‑matter with the permission of the owner or exclusive licensee of the copyright but the information has been altered without that permission; and
 (e) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright.
Penalty: 60 penalty units.
 (6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.