Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:9_141:p1
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 9 cl 141 (pt 1/2)
Character Range: 229784–232638

141  Subsections 132(5C) and (5D)
Repeal the subsections, substitute:

Offences relating to electronic rights management information

 (5C) A person commits an offence if:
 (a) copyright subsists in a work or other subject‑matter; and
 (b) either:
 (i) the person removes, from a copy of the work or subject‑matter, any electronic rights management information that relates to the work or subject‑matter; or
 (ii) the person alters any electronic rights management information that relates to the work or subject‑matter; and
 (c) the person does so without the permission of the owner or exclusive licensee of the copyright; and
 (d) the person is reckless as to whether the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright.

 (5D) A person commits an offence if:
 (a) copyright subsists in a work or other subject‑matter; and
 (b) the person does any of the following acts in relation to the work or subject‑matter:
 (i) distributes a copy of the work or subject‑matter with the intention of trading and obtaining a commercial advantage or profit;
 (ii) imports a copy of the work or subject‑matter into Australia with the intention of trading and obtaining a commercial advantage or profit;
 (iii) communicates a copy of the work or subject‑matter to the public; and
 (c) the person does so without the permission of the owner or exclusive licensee of the copyright; and
 (d) either:
 (i) any electronic rights management information that relates to the work or subject‑matter has been removed from the copy of the work or subject‑matter; or
 (ii) any electronic rights management information that relates to the work or subject‑matter has been altered;
  without the permission of the owner or exclusive licensee of the copyright; and
 (e) the person knows that the information has been removed or altered without that permission; and
 (f) the person is reckless as to whether the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright.

 (5DA) 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 with the intention of trading and obtaining a commercial advantage or profit;
 (ii) imports the electronic rights management information into Australia with the intention of trading and 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