Document ID: chunk:federal_register_of_legislation:C2004C01235:clause:1_116a:p2
Version: federal_register_of_legislation:C2004C01235
Segment Type: clause
Provision Reference: sch 1 cl 116A (pt 2/3)
Character Range: 43940–46443

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.

 (4) This section 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) for the purpose of enabling a person to supply the device, or to supply a circumvention service, for use only for a permitted purpose.

 (4A) For the purposes of paragraphs (3)(b) and (4)(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.

 (5) If this section applies, the owner or exclusive licensee of the copyright may bring an action against the person.

 (6) In an action under subsection (5), it must be presumed that the defendant knew, or ought reasonably to have known, that the circumvention device or service to which the action relates would be used for a purpose referred to in paragraph (1)(c) unless the defendant proves otherwise.

 (7) For the purposes of this section, a circumvention device or a circumvention service is taken to be used for a permitted purpose only if:
 (a) the device or service is used for the purpose of doing an act comprised in the copyright in a work or other subject‑matter; and
 (b) the doing of the act is not an infringement of the copyright in the work or other subject‑matter under section 47D, 47E, 47F, 48A, 49, 50, 51A or 183 or Part VB.

 (8) In this section:

qualified person means:
 (a) a person referred to in paragraph 47D(1)(a), 47E(1)(a) or 47F(1)(a); or
 (b) a person who is an authorized officer for the purposes of section 48A, 49, 50 or 51A; or
 (c)