Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:1_132al:p1
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 1 cl 132AL (pt 1/2)
Character Range: 35707–38217

132AL  Making or possessing device for making infringing copy

Indictable offences

 (1) A person commits an offence if:
 (a) the person makes a device, intending it to be used for making an infringing copy of a work or other subject‑matter; and
 (b) copyright subsists in the work or other subject‑matter at the time of the making of the device.

 (2) A person commits an offence if:
 (a) the person possesses a device, intending it to be used for making an infringing copy of a work or other subject‑matter; and
 (b) copyright subsists in the work or other subject‑matter at the time of the possession.

 (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 makes a device; and
 (b) the device is to be used for copying a work or other subject‑matter; and
 (c) the copy will be an infringing copy and the person is negligent as to that fact; and
 (d) copyright subsists in the work or other subject‑matter at the time of the making of the device 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 possesses a device; and
 (b) the device is to be used for copying a work or other subject‑matter; and
 (c) the copy will be an infringing copy and the person is negligent as to that fact; and
 (d) copyright subsists in the work or other subject‑matter at the time of the possession and the person is negligent as to that fact.

Penalty: 120 penalty units or imprisonment for 2 years, or both.

 (6) To avoid doubt, recklessness is the fault element for the circumstance in paragraphs (4)(b) and (5)(b) that the device is to be used for copying a work or other subject‑matter.

 (7) An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914.

Strict liability offence

 (8) A person commits an offence if:
 (a) the person makes a device; and
 (b) the device is to be used for copying a work or other subject‑matter; and
 (c) the copy will be an infringing copy; and
 (d) copyright subsists in the work or other subject‑matter at the time of the making of the device.

Penalty: 60 penalty units.

 (10) Subsection (8) is an offence of