Copyright Act 1968

A person commits an offence if:

the person imports into Australia a recording of a performance, with the intention of exhibiting the recording in public by way of trade; and

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

the recording is an unauthorised recording.

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

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

a 50‑year protection period so far as this section relates to a sound 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).

A person commits an offence if:

the person imports into Australia a recording of a performance, with the intention of exhibiting the recording in public by way of trade; and

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

the recording is an unauthorised recording 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 imports into Australia a recording of a performance, in preparation for exhibiting the recording in public by way of trade; and

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

the recording is an unauthorised recording.

Subsection (5) is an offence of strict liability.

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