Unauthorised communication to public during 20‑year protection period
248PC Unauthorised communication to public during 20‑year protection period
Indictable offence
A person commits an offence if:
the person communicates a performance to the public; and
the communication is made during the 20‑year protection period of the performance; and
the communication is made without the authority of the performer; and
the communication is made either directly from the live performance or from an unauthorised recording of the performance.
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.
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
A person commits an offence if:
the person communicates a performance to the public; and
the communication is made during the 20‑year protection period of the performance; and
the communication is made without the authority of the performer and the person is negligent as to that fact; and
the communication is made either directly from the live performance or from an unauthorised recording of the performance.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Defence
To avoid doubt, subsections (1) and (3) do not apply to the communication to the public of an authorised recording of the performance.
A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).
An educational institution can also copy and communicate a broadcast of a performance without contravening this section in some circumstances (see Division 4 of Part IVA).
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