Document ID: chunk:federal_register_of_legislation:C2004C01235:clause:1_100:p1
Version: federal_register_of_legislation:C2004C01235
Segment Type: clause
Provision Reference: sch 1 cl 100 (pt 1/3)
Character Range: 50340–53063

100  Subsection 132(5A)
Repeal the subsection, substitute:

 (5A) A person must not provide, or by way of trade promote, advertise or market, a circumvention service if the person knows, or is reckless as to whether, the service will be used to circumvent, or facilitate the circumvention of, a technological protection measure.

 (5B) A person must not:
 (a) make a circumvention device; or
 (b) sell, let for hire, or by way of trade offer or expose for sale or hire, or otherwise promote, advertise or market, a circumvention device; or
 (c) distribute a circumvention device with the intention of trading, or engaging in any other activity that will affect prejudicially an owner of copyright; or
 (d) by way of trade exhibit a circumvention device in public; or
 (e) import a circumvention device into Australia with the intention of:
 (i) selling, letting for hire, or by way of trade offering or exposing for sale or hire, or otherwise promoting, advertising or marketing, the device; or
 (ii) distributing the device for trading, or for engaging in any other activity that will affect prejudicially an owner of copyright; or
 (iii) exhibiting the device in public by way of trade; or
 (f) make a circumvention device available online to an extent that will affect prejudicially an owner of copyright;
if the person knows, or is reckless as to whether, the device will be used to circumvent, or facilitate the circumvention of, a technological protection measure.

 (5C) A person must not remove or alter any electronic rights management information attached to a copy of a work or other subject‑matter in which copyright subsists, except with the permission of the owner or exclusive licensee of the copyright, if the person knows, or is reckless as to whether, the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright in the work or other subject‑matter.

 (5D) A person must not:
 (a) distribute a copy of a work or other subject‑matter in which copyright subsists with the intention of trading; or
 (b) import into Australia a copy of such a work or other subject‑matter with the intention mentioned in paragraph (a); or
 (c) communicate to the public a copy of such a work or other subject‑matter;
without the permission of the owner or exclusive licensee of the copyright if any electronic rights management information attached to the copy has been removed or altered and the person:
 (d) knows that the electronic rights management information has been so removed or altered without the permission of the owner or exclusive licensee of the copyright; and
 (e) knows, or is reckless as to whether, the doing of the act referred to in paragraph (a), (b) or (c) will