[LINK] On-the-spot copyright fines only for illegal traders?

[Adam Todd]

At 12:08 PM 16/11/2006, Roger Clarke wrote:
>Ruddock's Letter to the Editor of The Sydney Morning Herald
>Thursday 16 November 2006
>http://www.smh.com.au/text/articles/2006/11/15/1163266633263.html
>
>You reported that "copyright offences will now attract criminal penalties" 
>because of the Government's proposed copyright amendments ("Soon your 
>recordings will be a crime", November 14).
>
>This is misleading. Copyright offences already attract criminal penalties. 
>The Government is introducing a new penalty of "on-the-spot fines" for 
>existing offences, instead of court fines or jail terms, to provide 
>practical enforcement options. The fines are aimed at market-stall 
>operators selling pirated copyright material, not to "trick" consumers.

Roger not quite correct.

If a civil party commences an action for Copyright infringement, then the 
penalty is only civil.  If the Police/State however commences a proceeding, 
then it is a criminal proceeding.

You can on fact have BOTH taken against you at the same time, and you can 
in fact have two opposing outcomes.

The new law enables a Law Enforcement officer to issue a fine pursuant to a 
Criminal offence.  Whereas before they were not able to do this.  It was 
either a full on prosecution or a civil action by the copyright holder.