Document ID: chunk:federal_register_of_legislation:C2024C00854:section:132ah:p2
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 132AH (pt 2/2)
Character Range: 422048–423503

the person is negligent as to that fact; and
 (c) copyright subsists in the work or other subject‑matter at the time of the import and the person is negligent as to that fact.
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) the person imports an article into Australia in preparation for, or in the course of, doing any of the following with the article:
 (i) selling it;
 (ii) letting it for hire;
 (iii) by way of trade offering or exposing it for sale or hire;
 (iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit;
 (v) distributing it for trade;
 (vi) distributing it to obtain a commercial advantage or profit;
 (vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject‑matter of which the article is an infringing copy;
 (viii) by way of trade exhibiting it in public;
 (ix) exhibiting it in public to obtain a commercial advantage or profit; and
 (b) the article is an infringing copy of a work or other subject‑matter; and
 (c) copyright subsists in the work or other subject‑matter at the time of the import.
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.