§ 439 — Offence

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

the person —(i)

wilfully circumvents an access control measure; or

(ii)

wilfully deals in a circumventing device or service;

(b)

the person does so to obtain a commercial advantage or private financial gain; and

(c)

the circumvention or dealing is an infringement of a provision of this Division.

(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)

in relation to subsection (1)(a)(i), to a fine not exceeding $20,000; and

(b)

in relation to subsection (1)(a)(ii), 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 —(a)

the person —(i)

wilfully circumvents an access control measure; or

(ii)

wilfully deals in a circumventing device or service;

(b)

the person does so to obtain a commercial advantage or private financial gain; and

(c)

the circumvention or dealing is an infringement of a provision of this Division.

(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)

in relation to subsection (1)(a)(i), to a fine not exceeding $20,000; and

(b)

in relation to subsection (1)(a)(ii), to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.