248QD

Selling etc. unauthorised sound recording

In force

Indictable offence

(1)

A person commits an offence if:

(a)

the person does any of the following acts:

(i)

sells a sound recording of a performance;

(ii)

lets for hire a sound recording of a performance;

(iii)

by way of trade offers or exposes for sale or hire a sound recording of a performance; and

(b)

the act is done during the 50‑year protection period of the performance; and

(c)

the recording is an unauthorised recording.

(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 does any of the following acts:

(i)

sells a sound recording of a performance;

(ii)

lets for hire a sound recording of a performance;

(iii)

by way of trade offers or exposes for sale or hire a sound recording of a performance; and

(b)

the act is done during the 50‑year 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 does any of the following acts:

(i)

sells a sound recording of a performance;

(ii)

lets for hire a sound recording of a performance;

(iii)

by way of trade offers or exposes for sale or hire a sound recording of a performance; and

(b)

the act is done during the 50‑year 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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