248PK

Commercial possession or import of unauthorised recording

In force

Indictable offence

(1)

A person commits an offence if:

(a)

the person possesses, or imports into Australia, a recording of a performance, with the intention of doing any of the following:

(i)

selling the recording;

(ii)

letting the recording for hire;

(iii)

by way of trade offering or exposing the recording for sale or hire;

(iv)

distributing the recording either for the purpose of trade or to an extent that will affect prejudicially the financial interests of the performer in the performance; and

(b)

the possession or import occurs during the protection period of the performance; and

(c)

the recording is an unauthorised recording.

Note:

Under section 248CA, the protection period of a performance is:

(a)

a 20‑year protection period so far as this section relates to a cinematograph film of the performance; and

(b)

a 50‑year protection period so far as this section relates to a sound recording of the performance.

(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)

the person possesses, or imports into Australia, a recording of a performance, with the intention of doing any of the following:

(i)

selling the recording;

(ii)

letting the recording for hire;

(iii)

by way of trade offering or exposing the recording for sale or hire;

(iv)

distributing the recording either for the purpose of trade or to an extent that will affect prejudicially the financial interests of the performer in the performance; and

(b)

the possession or import occurs during the protection period of the performance; and

(c)

the recording is an unauthorised recording 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 possesses, or imports into Australia, a recording of a performance in preparation for, or in the course of, doing any of the following:

(i)

selling the recording;

(ii)

letting the recording for hire;

(iii)

by way of trade offering or exposing the recording for sale or hire;

(iv)

distributing the recording for trade; and

(b)

the possession or import occurs during the protection period of the performance; and

(c)

the recording is an unauthorised recording.

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.

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