Commonwealth Consolidated Acts Commonwealth Consolidated ActsIndictable 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.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .