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 AUSTRALIAN COPYRIGHT ACT 593

Provided that the whole penalties inflicted on any one offender in respect of the same transaction shall not ex- ceed Fifty pounds.

Provided also that no person shall be convicted of an of- fence under this section if he proves to the satisfaction of the court at the hearing that he did not know, and could not with reasonable care have ascertained, that the book was a pirated book or the work was a pirated artistic work.

51. Liability in respect of use of theatre. — Where a dra- Liability as matic or musical work is performed in a theatre or other to theatre place in infringement of the performing right of the owner

of that right, the proprietor tenant or occupier who per- mitted the theatre or place to be used for the performance shall be deemed to have infringed the performing right and shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding Five pounds for each such offence and the court may, in addition to the penalty, order the defendant to pay to the owner of the performing right in respect of each such infringement a sum by way of dam- ages to the amount of Ten pounds, or to such amount as the court deems equal to the profits made by the perfor- mance of the work, whichever sum is greater.

Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court at the hearing that he did not know and could not with reasonable care have ascertained that the dramatic or musical work was performed in infringement of the per- forming right of the owner of that right.

52. Search warrant and seizure of pirated copies. — (i.) Search

A justice of the peace may upon the application of the warrant and owner of the copyright in any book or in any artistic work seizure or of the agent of such owner appointed in writing : — (a) If satisfied by evidence that there is reasonable ground for believing that pirated books or pirated artistic works are being sold, or offered for sale — issue a warrant, in accordance with the form pre- scribed, authorising any constable to seize the pi- rated books or pirated artistic works and to bring them before a court of summary jurisdiction.