Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:12_132apc:p3
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 12 cl 132APC (pt 3/3)
Character Range: 297600–299189

13.3(3) of the Criminal Code).

Defence—libraries etc.

 (8) Subsection (1) does not apply in respect of anything lawfully done by the following bodies in performing their functions:
 (a) a library (other than a library that is conducted for the profit, direct or indirect, of an individual or individuals);
 (b) a body mentioned in:
 (i) paragraph (a) of the definition of archives in subsection 10(1); or
 (ii) subsection 10(4);
 (c) an educational institution;
 (d) a public non‑commercial broadcaster (including a body that provides a national broadcasting service, within the meaning of the Broadcasting Services Act 1992, and a body that holds a community broadcasting licence within the meaning of that Act).

Note 1: A library that is owned by a person conducting a business for profit might not itself be conducted for profit (see section 18).

Note 2: A defendant bears an evidential burden in relation to the matter in subsection (8) (see subsection 13.3(3) of the Criminal Code).

Defence—prescribed acts

 (9) 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 will not infringe the copyright in a work or other subject‑matter; and
 (c) the doing of the act by the person is prescribed by the regulations.

Note 1: A defendant bears an evidential burden in relation to the matter in subsection (9) (see subsection 13.3(3) of the Criminal Code).

Note 2: For the making of regulations prescribing the doing of an act by a person, see section 249.