Clause 6

by repealing section 107B and substituting the following section:“Non-subscription digital audio transmissions107B. Without prejudice to the generality of section 82(3), it is not an infringement of a copyright in a sound recording to make available to the public the sound recording by means of or as part of a digital audio transmission where the transmission —

is a sound broadcast;

is not part of an interactive service; and

is not a subscription transmission.”;

by deleting paragraph (c) of section 261D(1) and substituting the following paragraph:“(c)the act is done in relation to a work or other subject-matter or performance that is prescribed by the Minister under subsection (2) —

by a person prescribed under subsection (2A) or (if none is prescribed) by any person; and

for a purpose prescribed under subsection (2A) or (if none is prescribed) for any purpose;”;

by inserting, immediately before the words “adversely impaired” in section 261D(2), the words “or is likely to be”; and

by inserting, immediately after subsection (2) of section 261D, the following subsection:“(2A) The order referred to in subsection (2) may specify —

the person or class of persons who may carry out the act of circumvention of a technological measure in relation to the work, subject-matter or performance or the class of works, subject-matters or performances; and

the purpose of carrying out the act.”.