§ 417 — Offence

417.—(1) Subject to this section, a person commits an offence if the person —(a)

wilfully infringes a provision of this Division; and

(b)

does so to obtain a commercial advantage or private financial gain.

(2) Subsection (1) does not apply to any act done by or on behalf of —(a)

a non‑profit library or archive;

(b)

an educational institution;

(c)

an institution aiding persons with print disabilities;

(d)

an institution aiding persons with intellectual disabilities; or

(e)

a public and non‑commercial broadcasting organisation that is prescribed.

(3) A person who commits an offence under subsection (1) shall be liable on conviction —(a)

for an infringement of section 411, to a fine not exceeding $20,000; and

(b)

for an infringement of section 412 or 413, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

—(1) Subject to this section, a person commits an offence if the person —(a)

wilfully infringes a provision of this Division; and

(b)

does so to obtain a commercial advantage or private financial gain.

(2) Subsection (1) does not apply to any act done by or on behalf of —(a)

a non‑profit library or archive;

(b)

an educational institution;

(c)

an institution aiding persons with print disabilities;

(d)

an institution aiding persons with intellectual disabilities; or

(e)

a public and non‑commercial broadcasting organisation that is prescribed.

(3) A person who commits an offence under subsection (1) shall be liable on conviction —(a)

for an infringement of section 411, to a fine not exceeding $20,000; and

(b)

for an infringement of section 412 or 413, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.