Document ID: chunk:federal_register_of_legislation:C2024C00854:section:248pj
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 248PJ
Character Range: 908285–910937

248PJ  Distributing unauthorised recording

Indictable offences
 (1) A person commits an offence if:
 (a) the person distributes a recording of a performance, with the intention of trading; and
 (b) the distribution occurs during the protection period of the performance; and
 (c) the recording is an unauthorised recording.
Note: Under section 248CA, the protection period of a performance is:
(a) a 20‑year protection period so far as this section relates to a cinematograph film of the performance; and
(b) a 50‑year protection period so far as this section relates to a sound recording of the performance.
 (2) A person commits an offence if:
 (a) the person distributes a recording of a performance; and
 (b) the distribution occurs during the protection period of the performance; and
 (c) the distribution will affect prejudicially the financial interests of the performer in the performance; and
 (d) the recording is an unauthorised recording.
 (3) An offence against subsection (1) or (2) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).

Summary offences
 (4) A person commits an offence if:
 (a) the person distributes a recording of a performance, with the intention of trading; and
 (b) the distribution occurs during the protection period of the performance; and
 (c) the recording is an unauthorised recording and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
 (5) A person commits an offence if:
 (a) the person distributes a recording of a performance; and
 (b) the distribution occurs during the protection period of the performance; and
 (c) the distribution will affect prejudicially the financial interests of the performer in the performance; and
 (d) the recording is an unauthorised recording and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
 (6) An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914.

Strict liability offence
 (7) A person commits an offence if:
 (a) the person distributes a recording of a performance in preparation for, or in the course of, trade; and
 (b) the distribution occurs during the protection period of the performance; and
 (c) the recording is an unauthorised recording.
Penalty: 60 penalty units.
 (9) Subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.