Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:9_181
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 9 cl 181
Character Range: 244631–246225

181  After subsection 135AS(1)
Insert:

Offence in relation to use of broadcast decoding devices for commercial advantage etc.

 (1A) A person commits an offence if:
 (a) a broadcaster makes an encoded broadcast; and
 (b) the person uses, or authorises the use of, a broadcast decoding device to gain access to the encoded broadcast; and
 (c) the access is gained without the authorisation of the broadcaster; and
 (d) the person uses, or authorises the use of, the device by way of trade and with the intention of obtaining a commercial advantage or profit.

Note: See section 135AL for the definition of profit.

Offence in relation to distribution of encoded broadcast that has been accessed without authorisation

 (1B) A person commits an offence if:
 (a) a broadcaster makes an encoded broadcast; and
 (b) a broadcast decoding device is used to gain access to the encoded broadcast; and
 (c) the access is gained without the authorisation of the broadcaster; and
 (d) the person distributes (including by communicating), or authorises the distribution of, the broadcast that has been accessed by the device; and
 (e) the person knows the broadcaster had not authorised the access to the broadcast; and
 (f) the distribution affects prejudicially the following persons:
 (i) any person who has an interest in the copyright in the broadcast;
 (ii) any person who has an interest in the copyright in any content of the broadcast;
 (iii) the channel provider who supplies the broadcaster with the channel for the broadcast.

Note: See section 135AL for the definition of channel provider.