Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 132AQ

Indictable offence

  (1)   A person commits an offence if:

  (a)   copyright subsists in a work or other subject - matter; and

  (b)   either:

  (i)   the person removes, from a copy of the work or subject - matter, any electronic rights management information that relates to the work or subject - matter; or

  (ii)   the person alters any electronic rights management information that relates to the work or subject - matter; and

  (c)   the person does so without the permission of the owner or exclusive licensee of the copyright; and

  (d)   the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright.

  (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)   copyright subsists in a work or other subject - matter; and

  (b)   either:

  (i)   the person removes, from a copy of the work or subject - matter, any electronic rights management information that relates to the work or subject - matter; or

  (ii)   the person alters any electronic rights management information that relates to the work or subject - matter; and

  (c)   the person does so without the permission of the owner or exclusive licensee of the copyright; and

  (d)   the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright and the person is negligent as to that result.

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)   copyright subsists in a work or other subject - matter; and

  (b)   either:

  (i)   the person removes, from a copy of the work or subject - matter, any electronic rights management information that relates to the work or subject - matter; or

  (ii)   the person alters any electronic rights management information that relates to the work or subject - matter; and

  (c)   the person does so without the permission of the owner or exclusive licensee of the copyright; and

  (d)   the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright.

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 .