COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) (i) without paying the fee, however imposed, which the person who broadcasts or transmits the programme charges for viewing, listening to or receiving the programme; or (ii) otherwise without the authority of the person who broadcasts or transmits the programme. (2) If a person, without the authority of the broadcaster or operator of the cable programme service concerned⎯ (a) makes, imports, exports or sells a decoder or lets a decoder for hire or offers or exposes a decoder for sale or hire; or (b) in the course of business, possesses a decoder; or (c) uses a decoder to view, listen to or receive an encrypted programme; or (d) publishes information which is calculated to enable or assist persons to view, listen to or receive encrypted programmes⎯ (i) without paying the fee, however imposed, which the person who broadcasts or transmits the programme charges for viewing, listening to or receiving the programme; or (ii) otherwise without the authority of the person who broadcasts or transmits the programme; he shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (3) Whether or not a person who contravenes subsection (2) is prosecuted for an offence under that subsection, the broadcaster or the operator of the cable programme service concerned, as the case may be, shall have the same rights against him as if⎯ (a) he had infringed the copyright in the encrypted programme concerned; and (b) the decoder were an infringing copy of the encrypted programme. (4) It shall be a defence to any proceedings brought for an infringement referred to in subsection (1) or to a prosecution for an offence under subsection (2) for the defendant or accused person, as the case may be, to prove that he did not know, and had no reasonable grounds for knowing, that the decoder concerned would be used to circumvent the encryption of any encrypted programme. 132 Application of Act to works made and contracts concluded before commencement of Act (1) Subject to this section, this Act shall apply in relation to works made before the fixed date as it applies in relation to works made thereafter. (2) No act done before the fixed date shall constitute⎯ (a) an infringement of any copyright or other right conferred by this Act; or (b) an offence in terms of this Act. (3) This Act shall not affect any contract concluded before fixed date in relation to any work or performance. Act 11/2001 - 70 Chapter 26:01