Commonwealth Consolidated Acts

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Unauthorised access to subscription broadcast etc.

    A person commits an offence if:

  (a)   the person does an act; and

  (b)   the act (either alone or in conjunction with other acts) results in the person gaining access in intelligible form to a subscription broadcast or sounds or images from a subscription broadcast; and

  (c)   the access is not authorised by the broadcaster and the person knows that; and

  (d)   the act does not consist merely of one or more of the following:

  (i)   starting the playing of sounds or images in or from the broadcast on a device (for example by switching the device on);

  (ii)   listening to sounds in or from the broadcast and/or seeing images in or from the broadcast;

  (iii)   distributing the sounds or images within a single dwelling that is occupied by a single household and is the subject of an arrangement involving a member of the household and the broadcaster about authorisation of private access to the broadcast; and

  (e)   the access to the sounds or images is not gained from:

  (i)   a cinematograph film, or sound recording, made of the encoded broadcast; or

  (ii)   a copy of such a film or recording.

Note:   The making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section   101.

Penalty:   60 penalty units.

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