Document ID: chunk:federal_register_of_legislation:C2024C00854:section:116an:p3
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 116AN (pt 3/3)
Character Range: 364745–365513

be otherwise available to the person when the act is done.
Note: A library that is owned by a person conducting a business for profit might not itself be conducted for profit (see section 18).

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

Burden of proof
 (10) The defendant bears the burden of establishing the matters referred to in subsections (2) to (9).