Document ID: chunk:federal_register_of_legislation:C2004C01235:clause:1_100:p3
Version: federal_register_of_legislation:C2004C01235
Segment Type: clause
Provision Reference: sch 1 cl 100 (pt 3/3)
Character Range: 55143–55987

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 used for a permitted purpose only if:
 (a) the device or service is used to do an act comprised in the copyright in a work or other subject‑matter; and
 (b) the act is done with the licence of the owner or exclusive licensee of the copyright, or 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.

 (5J) The only burden of proof that the defendant bears in respect of subsection (5E), (5F) or (5G) is the burden of adducing or pointing to evidence that suggests a reasonable possibility that the act or matter in question was done or existed.