Document ID: chunk:federal_register_of_legislation:C2024C00854:section:116ap:p2
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 116AP (pt 2/2)
Character Range: 372666–374388

of study at an educational institution in the field of encryption technology; or
 (ii) employed, trained or experienced in the field of encryption technology; and
 (e) the researcher:
 (i) has obtained permission from the owner or exclusive licensee of the copyright to do the act; or
 (ii) has made, or will make, a good faith effort to obtain such permission.
In this subsection, encryption technology means the scrambling and descrambling of information using mathematical formulas or algorithms.

Exception—computer security testing
 (5) Subsection (1) does not apply to the person if:
 (a) the technological protection measure is an access control technological protection measure; and
 (b) the circumvention service will be used to circumvent the access control technological protection measure to enable the doing of an act; and
 (c) the act:
 (i) relates to a copy of a computer program that is not an infringing copy; and
 (ii) will not infringe the copyright in the computer program; and
 (iii) will be done for the sole purpose of testing, investigating or correcting the security of a computer, computer system or computer network; and
 (iv) will be done with the permission of the owner of the computer, computer system or computer network.

Exception—law enforcement and national security
 (6) Subsection (1) does not apply in relation to anything lawfully done for the purposes of:
 (a) law enforcement; or
 (b) national security; or
 (c) performing a statutory function, power or duty;
by or on behalf of the Commonwealth, a State or a Territory, or an authority of one of those bodies.

Burden of proof
 (7) The defendant bears the burden of establishing the matters referred to in subsections (2) to (6).