Indictable offence
(1) A person commits an offence if:
(a) the person causes a recording of a performance to be heard or seen in public; and
(b) the recording is heard or seen in public during the 20 - year protection period of the performance; and
(c) the recording is unauthorised.
(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 causes a recording of a performance to be heard or seen in public; and
(b) the recording is heard or seen in public during the 20 - year protection period of the performance; and
(c) the recording is unauthorised 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 .