226C Offence of contravening section 226A

(1)

A person (A) commits an offence who, in the course of business, makes, imports, sells, distributes, lets for hire, offers or exposes for sale or hire, or advertises for sale or hire, a TPM circumvention device that applies to a technological protection measure if A knows that it will, or is likely to, be used to infringe copyright in a TPM work.

(2)

A person (A) commits an offence who, in the course of business, provides a service to another person (B) if—

(a)

A intends the service to enable or assist B to circumvent a technological protection measure; and

(b)

A knows that the service will, or is likely to, be used to infringe copyright in a TPM work.

(3)

A person (A) commits an offence who, in the course of business, publishes information enabling or assisting another person to circumvent a technological protection measure if A intends that the information will be used to infringe copyright in a TPM work.

(4)

A person who commits an offence under this section is liable on conviction to a fine not exceeding $150,000 or a term of imprisonment not exceeding 5 years or both.

Section 226C: inserted, on 31 October 2008, by section 90 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 226C(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).