Importing unauthorised sound recording for exhibition by way of trade
248QH Importing unauthorised sound recording for exhibition by way of trade
Indictable offence
A person commits an offence if:
the person imports into Australia a sound recording of a performance, with the intention of exhibiting the recording in public by way of trade; and
the import occurs during the 50‑year protection period of the performance; and
the recording is an unauthorised recording.
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 imports into Australia a sound recording of a performance, with the intention of exhibiting the recording in public by way of trade; and
the import occurs during the 50‑year protection period of the performance; and
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.
An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
A person commits an offence if:
the person imports into Australia a sound recording of a performance in preparation for exhibiting the recording in public by way of trade; and
the import occurs during the 50‑year protection period of the performance; and
the recording is an unauthorised recording.
Penalty: 60 penalty units.
Subsection (5) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
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