Section 261D

the act is done to enable a non-profit library, any non-profit archives, an educational institution, an institution assisting handicapped readers, or an institution assisting intellectually handicapped readers to have access to a work or other subject-matter or recording of a performance which is not otherwise available to the library, archives or institution, for the sole purpose of determining whether to acquire a copy of the work or other subject-matter or recording;

the technological measure has the capability to collect or disseminate personally identifying information to reflect the manner of use of a network by persons without providing conspicuous notice of such collection or dissemination to those persons, and the act is done for the sole purpose of identifying and disabling the technological measure, provided that the act does not affect the ability of any person to gain access to any work or other subject-matter or recording of any performance;

the act is done in relation to a work or other subject-matter or performance that is prescribed by the Minister under subsection (2);

the act is done —

in good faith;

in relation to a copy of a computer program that is not an infringing copy; and

with respect to particular elements of the computer program that are not readily available to the person doing the act,for the sole purpose of achieving interoperability of an independently created computer program with another computer program;

the act is done when undertaking research on any encryption technology, provided that —

the person doing the act —

is engaged in a legitimate course of study in the field of encryption technology;

is employed or appropriately trained or experienced in that field; or

is doing so on behalf of a person so engaged, employed, trained or experienced;

the act is necessary to conduct such research;

the act is done in good faith and in relation to a copy of the work or subject-matter that is not an infringing copy thereof or a copy of the performance that is not an unauthorised recording thereof; and

the person doing the act has made a reasonable effort to obtain the authorisation of the owner of the copyright in the work or subject-matter or the performer of the performance to do the act;

the act consists of the inclusion of a component or part in any technology, product or device for the sole purpose of preventing access by minors to any material on the Internet, provided that the technology, product or device is not prohibited under section 261C(1)(b);

the act is done by or under the authority of the owner of a computer, computer system or computer network for the sole purpose of testing, investigating, or correcting a security flaw or vulnerability of that computer, computer system or computer network; or

the act is carried out by the Government or by any person authorised by the Government for the purpose of law enforcement, intelligence, national defence, essential security or other similar purpose.

in the case of an act referred to in paragraph (b), (e) or (g) of that subsection, the act violates a provision of any written law other than this Act;

in the case of an act referred to in paragraph (c), (d), (e) or (g) of that subsection, the act infringes the copyright in the work or other subject-matter or amounts to an unauthorised use of the performance; or

in the case of an act referred to in paragraph (a) of that subsection, the act leads to an infringement of the copyright in the work or other subject-matter or to an unauthorised use of the performance, or otherwise violates a provision of any other written law. [Aust. 1968, s. 116C]