Document ID: chunk:federal_register_of_legislation:C2024C00854:section:132as:p1
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 132AS (pt 1/2)
Character Range: 465638–468460

132AS  Distributing or importing electronic rights management information

Indictable offence
 (1) 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 or obtaining a commercial advantage or profit;
 (ii) imports the electronic rights management information into Australia with the intention of trading or 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 person knows that the information has been removed or altered without that permission; and
 (f) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright.
 (2) An offence against subsection (1) 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 offence
 (3) 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 or obtaining a commercial advantage or profit;
 (ii) imports the electronic rights management information into Australia with the intention of trading or 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 and the