US Free Trade Agreement Implementation Act 2004 (120 of 2004)

Schedule 9   Copyright amendments

Part 9   Encoded broadcasts

Copyright Act 1968

169   After subsection 135ANA(1)

Insert:

(1A) Subject to subsection (2), this subsection applies if:

(a) a broadcaster makes an encoded broadcast; and

(b) a broadcast decoding device is used to gain access to the encoded broadcast without the authorisation of the broadcaster; and

(c) a person distributes (including by communicating), or authorises the distribution of, the broadcast that has been accessed by the device; and

(d) the distribution affects prejudicially a person who may bring an action under subsection (3); and

(e) the person knew that the broadcaster had not authorised the access to the encoded broadcast.

(1B) Subject to subsection (2), this subsection applies if:

(a) a broadcaster makes an encoded broadcast; and

(b) a broadcast decoding device is used to gain access to the encoded broadcast without the authorisation of the broadcaster; and

(c) a person receives the broadcast that has been accessed by the device; and

(d) the person knew that the broadcaster had not authorised the access to the encoded broadcast.

Note: The following heading to subsection 135ANA(2) is inserted "Exception relating to law enforcement and national security".