Page:Australian Copyright Act 1968 (63 of 1968).pdf/56

 1968 (4.) The last three preceding sub-sections apply in relation to copyright subsisting in any subject-matter by virtue of Part IV. in like manner as they apply in relation to copyright subsisting in a work by virtue of Part III.

(5.) A person shall not cause a literary, dramatic or musical work to be performed in public, knowing that copyright subsists in the work and that the performance constitutes an infringement of the copyright.

(6.) This section applies only in respect of acts done in Australia.

133.—(1.) A contravention by a person of sub-section (1.) or sub-section (2.) of the last preceding section is an offence punishable upon summary conviction―
 * (a) if it is his first conviction of an offence by reason of a contravention of that section by a fine not exceeding Ten dollars for each article to which the offence relates; and
 * (b) in any other case—by a fine not exceeding Ten dollars for each article to which the offence relates or by imprisonment for a period not exceeding two months.

(2.) A fine imposed by virtue of the last preceding sub-section shall not exceed Two hundred dollars in respect of articles comprised in the same operation or transaction.

(3.) A contravention by a person of sub-section (3.) or sub-section (5.) of the last preceding section is an offence punishable upon summary conviction―
 * (a) if it is his first conviction of an offence by reason of a contravention of that section by a fine not exceeding Two hundred dollars; and
 * (b) in any other case—by a fine not exceeding Two hundred dollars or by imprisonment for a period not exceeding two months.

(4.) The court before which a person is charged with an offence by reason of a contravention of the last preceding section may, whether he is convicted of the offence or not, order that any article in his possession that appears to the court to be an infringing copy, or to be a plate used or intended to be used for making infringing copies, be destroyed or delivered up to the owner of the copyright concerned or otherwise dealt with in such manner as the court thinks fit. Division 5.—Miscellaneous.

134. An action shall not be brought for an infringement of copyright or in respect of the conversion or detention of an infringing copy, or of a plate used or intended to be used for making infringing copies, after the expiration of six years from the time when the infringement took place or the infringing copy or plate was made, as the case may be.

135.—(1.) In this section—
 * (a) a reference to Australia does not include a reference to the Territories of the Commonwealth not forming part of the Commonwealth; and