Penalties

The amendment of the Copyright Act 1994 (Copyright Infringing File Sharing Amendment Act 2011) implements a new course of action which gives rights owners the ability to take action against people illegally downloading their files known as the three strikes law. 

If the copyright owner finds there has been infringement of their content (file-sharing such as films, videos or music) they can then notify the internet service provider. 

A detection notice will then be sent to the account holder, or the alleged infringer. If no further infringement is detected after nine months the notice will expire. 

However, if same person is caught infringing material for a second time at least 28 days after the first notice is issued and before it expires, the internet service provider will then be able to provide the person with a warning notice. 

If they continue to breach the law for a third time at least 28 days after a warning notice is issued and before it expires after 35 days, they are then able to be issued with an enforcement notice. 

After the third strike, a copyright owner is then able to contact the Copyright Tribunal and impose a maximum fine of $15,000. Otherwise, they can acquire an order of suspension of up to six months on the offending internet account from the District Court.