Copyright Act 1968

A person commits an offence if:

the person makes a copy of a sound recording of a performance, intending that the copy be used in a sound‑track; and

the copy is made during the 20‑year protection period of the performance; and

the copy is made without the authority of the performer; and

the sound recording is an authorised sound recording; and

the making of the sound recording was not authorised for the purpose of use in that or any other sound‑track.

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).

A person commits an offence if:

the person makes a copy of a sound recording of a performance, intending that the copy be used in a sound‑track; and

the copy is made during the 20‑year protection period of the performance; and

the copy is made without the authority of the performer and the person is negligent as to that fact; and

the sound recording is an authorised sound recording; and

the making of the sound recording was not authorised for the purpose of use in that or any other sound‑track and the person is negligent as to that fact.

An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.

A person commits an offence if:

the person makes a copy of a sound recording of a performance in preparation for use in a sound‑track; and

the copy is made during the 20‑year protection period of the performance; and

the copy is made without the authority of the performer; and

the sound recording is an authorised sound recording; and

the making of the sound recording was not authorised for the purpose of use in that or any other sound‑track.

Subsection (5) is an offence of strict liability.

For strict liability, see section 6.1 of the Criminal Code.