Australian AG Seeks To Boost Copyright Infringement Penalties

by Mary Swire, for LawAndTax-News.com, Hong Kong

29 August 2007

Australia's Attorney General has published proposals to update the Copyright Amendment Act 2006, as it relates to penalties, infringing activities, and the confiscation of 'infringing devices'.

In a statement, the AG announced that:

"On 1 January 2007, a range of copyright enforcement measures commenced as a result of the Copyright Amendment Act 2006. These include the creation of a tiered system of copyright criminal offences incorporating indictable, summary and strict liability offences."

"The strict liability offences do not contain fault elements and attract maximum penalties of 60 penalty units ($6,600)."

"These offences are underpinned by a copyright infringement notice scheme provided for under the Copyright Regulations 1969. An infringement notice penalty is 12 penalty units ($1,320).

The introduction of this scheme is designed to deal specifically with lower-level copyright crime such as first time offenders, street stall or market operators."

"Under this scheme, an offender issued with an infringement notice by a law enforcement officer will have the option of paying a fine or risking the possibility of prosecution in court. In addition to paying a fine, some offences will also require the offender to forfeit copyright material and/or related devices in order to avoid prosecution."

"The Attorney-General’s Department has developed draft guidelines for the administration of the infringement notice scheme. They are now publicly available for consideration and comment."

Comments on the draft guidelines are invited until October 5, 2007.

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