Document ID: chunk:federal_register_of_legislation:C2004C01235:clause:1_116a:p1
Version: federal_register_of_legislation:C2004C01235
Segment Type: clause
Provision Reference: sch 1 cl 116A (pt 1/3)
Character Range: 41417–44169

116A  Importation, manufacture etc. of circumvention device and provision etc. of circumvention service

 (1) Subject to subsections (2), (3) and (4), this section applies if:
 (a) a work or other subject‑matter is protected by a technological protection measure; and
 (b) a person does any of the following acts without the permission of the owner or exclusive licensee of the copyright in the work or other subject‑matter:
 (i) makes a circumvention device capable of circumventing, or facilitating the circumvention of, the technological protection measure;
 (ii) sells, lets for hire, or by way of trade offers or exposes for sale or hire or otherwise promotes, advertises or markets, such a circumvention device;
 (iii) distributes such a circumvention device for the purpose of trade, or for any other purpose that will affect prejudicially the owner of the copyright;
 (iv) exhibits such a circumvention device in public by way of trade;
 (v) imports such a circumvention device into Australia for the purpose of:
 (A) selling, letting for hire, or by way of trade offering or exposing for sale or hire or otherwise promoting, advertising or marketing, the device; or
 (B) distributing the device for the purpose of trade, or for any other purpose that will affect prejudicially the owner of the copyright; or
 (C) exhibiting the device in public by way of trade;
 (vi) makes such a circumvention device available online to an extent that will affect prejudicially the owner of the copyright;
 (vii) provides, or by way of trade promotes, advertises or markets, a circumvention service capable of circumventing, or facilitating the circumvention of, the technological protection measure; and
 (c) the person knew, or ought reasonably to have known, that the device or service would be used to circumvent, or facilitate the circumvention of, the technological protection measure.

 (2) This section does not apply in relation to anything lawfully done for the purposes of law enforcement or national security by or on behalf of:
 (a) the Commonwealth or a State or Territory; or
 (b) an authority of the Commonwealth or of a State or Territory.

 (3) This section does not apply in relation to the supply of a circumvention device or a circumvention service to a person for use for a permitted purpose if:
 (a) the person is a qualified person; and
 (b) the person gives the supplier before, or at the time of, the supply a declaration signed by the person:
 (i) stating the name and address of the person; and
 (ii) 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