Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:1_21
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 1 cl 21
Character Range: 69469–70176

21  Subsection 203E(11)
Repeal the subsection, substitute:

 (11) Subsection (10) does not apply if the defendant makes the record, divulgement or communication with the intention of:
 (a) informing the owner of the copyright in a work or other subject‑matter that a copy has been made of the work or other subject‑matter; or
 (b) enforcing a right that a person has under this Act in connection with a work or other subject‑matter in which copyright subsists; or
 (c) ensuring compliance with a provision of Division 5 of Part III or with a provision of this Part.

Note: The defendant bears an evidential burden in relation to the matter in subsection (11) (see subsection 13.3(3) of the Criminal Code).