Document ID: chunk:federal_register_of_legislation:C2004A01389:clause:1_3
Version: federal_register_of_legislation:C2004A01389
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 3560–4340

3  Subsection 43B(2)
Repeal the subsection, substitute:

 (2) Subsection (1) does not apply to:
 (a) the making of a temporary reproduction of a work if the reproduction is made from:
 (i) an infringing copy of the work; or
 (ii) a copy of the work where the copy is made in another country and would be an infringing copy of the work if the person who made the copy had done so in Australia; or
 (b) the making of a temporary reproduction of a work as a necessary part of a technical process of using a copy of the work if that use constitutes an infringement of the copyright in the work.

 (3) Subsection (1) does not apply to any subsequent use of a temporary reproduction of a work other than as a part of the technical process in which the temporary reproduction was made.