Clause 55

by inserting, immediately after subsection (3), the following subsection:“(3A) Where, at any time during the protection period of a performance ––

a person does any act that constitutes an unauthorised use of the performance other than an act referred to in subsection (1), (2), (3), (5) or (6);

the unauthorised use of the performance by the person is wilful; and

either or both of the following apply:

the extent of the unauthorised use is significant;

the person does the act to obtain a commercial advantage,the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.”;

by inserting, immediately after subsection (6), the following subsections:“(6A) For the purposes of subsection (3A)(c)(i), in determining whether the extent of the unauthorised use of a performance is significant, the court shall have regard to —

the volume of any articles that are unauthorised recordings of the performance;

the value of any articles that are unauthorised recordings of the performance;

whether the unauthorised use has a substantial prejudicial impact on the performer of the performance; and

all other relevant matters.(6B) For the purposes of subsection (3A)(c)(ii), a person does an act for the purpose of obtaining a commercial advantage if the act is done to obtain a direct advantage, benefit or financial gain for a business or trade carried on by him.”;

by inserting, immediately after the words “this section” in subsection (7), the words “(other than subsection (3A))”;

by deleting the word “predominantly” in subsection (8); and

by deleting subsection (9) and substituting the following subsection:“(9) If information is given upon oath to a court that there is reasonable cause for suspecting that there is in any premises any article or document which is evidence that an offence under subsection (1), (2), (3), (3A), (4), (5) or (6) has been committed, the court may issue, either unconditionally or subject to such conditions as the court thinks fit, a warrant authorising a police officer to enter and search the premises for the articles and documents which are specified in the warrant, whether specifically or in any general category, and to seize any such articles and documents found at the premises.”.