Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:12_116an:p2
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 12 cl 116AN (pt 2/3)
Character Range: 278107–280857

the scrambling and descrambling of information using mathematical formulas or algorithms.

Exception—computer security testing

 (5) Subsection (1) does not apply to the person if:
 (a) the person circumvents the access control technological protection measure to enable the person to do an act; and
 (b) the act:
 (i) relates to a copy of a computer program that is not an infringing copy; and
 (ii) will not infringe the copyright in the computer program; and
 (iii) will be done for the sole purpose of testing, investigating or correcting the security of a computer, computer system or computer network; and
 (iv) will be done with the permission of the owner of the computer, computer system or computer network.

Exception—online privacy

 (6) Subsection (1) does not apply to the person if:
 (a) the person circumvents the access control technological protection measure to enable the person to do an act; and
 (b) the act:
 (i) relates to a copy of a work or other subject‑matter that is not an infringing copy; and
 (ii) will not infringe the copyright in the work or other subject‑matter; and
 (iii) will be done for the sole purpose of identifying and disabling an undisclosed capability to collect or disseminate personally identifying information about the online activities of a natural person; and
 (iv) will not affect the ability of the person or any other person to gain access to the work or other subject‑matter or any other work or subject‑matter.

Exception—law enforcement and national security

 (7) Subsection (1) does not apply in relation to anything lawfully done for the purposes of:
 (a) law enforcement; or
 (b) national security; or
 (c) performing a statutory function, power or duty;
by or on behalf of the Commonwealth, a State or a Territory, or an authority of one of those bodies.

Exception—libraries etc.

 (8) Subsection (1) does not apply to the person if:
 (a) the person circumvents the access control technological protection measure to enable the person to do an act; and
 (b) the person is:
 (i) a library (other than a library that is conducted for the profit, direct or indirect, of an individual or individuals); or
 (ii) a body mentioned in paragraph (a) of the definition of archives in subsection 10(1), or in subsection 10(4); or
 (iii) an educational institution; and
 (c) the act will be done for the sole purpose of making an acquisition decision in relation to the work or other subject‑matter; and
 (d) the work or other subject‑matter will not be otherwise available to the person when the act is done.

Note: A library that is owned by a person conducting a business for profit might not itself be conducted for profit (see section 18).

Exception—prescribed acts

 (9) Subsection (1)