Document ID: chunk:federal_register_of_legislation:C2004C01235:clause:1_100:p2
Version: federal_register_of_legislation:C2004C01235
Segment Type: clause
Provision Reference: sch 1 cl 100 (pt 2/3)
Character Range: 52848–55354

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 induce, enable, facilitate or conceal an infringement of the copyright in the work or other subject‑matter.

 (5E) Subsections (5A) and (5B) do not apply in respect of anything lawfully done for the purposes of law enforcement or national security by or on behalf of:
 (a) the Commonwealth or a State or Territory; or
 (b) an authority of the Commonwealth or of a State or Territory.

 (5F) Subsections (5A) and (5B) do not apply in relation to the supply of a circumvention device or a circumvention service to a person for use for a permitted purpose if:
 (a) the person is a qualified person; and
 (b) the person gives the supplier before, or at the time of, the supply a declaration signed by the person:
 (i) stating the name and address of the person; and
 (ii) stating the basis on which the person is a qualified person; and
 (iii) stating the name and address of the supplier of the circumvention device or circumvention service; and
 (iv) stating that the device or service is to be used only for a permitted purpose by a qualified person; and
 (v) identifying the permitted purpose by reference to one or more of sections 47D, 47E, 47F, 48A, 49, 50, 51A and 183 and Part VB; and
 (vi) stating that a work or other subject‑matter in relation to which the person proposes to use the device or service for a permitted purpose is not readily available to the person in a form that is not protected by a technological protection measure.

 (5G) Subsection (5B) does not apply in relation to the making or importing of a circumvention device:
 (a) for use only for a permitted purpose relating to a work or other subject‑matter that is not readily available in a form that is not protected by a technological protection measure; or
 (b) to enable a person to supply the device, or to supply a circumvention service, for use only for a permitted purpose.

 (5GA) For the purposes of paragraphs (5F)(b) and (5G)(a), a work or other subject‑matter is taken not to be readily available if it is not available in a form that lets a person do an act relating to it that is not an infringement of copyright in it as a result of section 47D, 47E, 47F, 48A, 49, 50, 51A or 183 or Part VB.

 (5H) For the purposes of this section, a circumvention device or a circumvention service is taken to be