On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 28/03/2013.
261C.
—(1) Subject to sections 261D and 261E, where a technological measure is applied to a copy of a work or other subject-matter by or with the authorisation of the owner of the copyright in the work or subject-matter in connection with the exercise of the copyright, or to a copy of a performance by or with the authorisation of the performer of the performance in connection with the exercise of any right in the performance, no person shall, without the authorisation of the owner of the copyright or the performer of the performance, as the case may be —
(a)
if the technological measure is a technological access control measure, do any act which he knows or ought reasonably to know circumvents the technological measure;
(b)
manufacture, import, distribute, offer to the public, provide or otherwise traffic in any device, product or component which —
(i)
is promoted, advertised or marketed for the purpose of circumventing the technological measure;
(ii)
has only a limited commercially significant purpose or use other than to circumvent the technological measure; or
(iii)
is designed or made primarily for the purpose of circumventing the technological measure;
(c)
offer to the public or provide any service which —
(i)
is promoted, advertised or marketed for the purpose of circumventing the technological measure;
(ii)
has only a limited commercially significant purpose or use other than to circumvent the technological measure; or
(iii)
is performed primarily for the purpose of circumventing the technological measure.
[52/2004]
(2) An action may be brought by the owner of the copyright or the performer of the performance against a person who contravenes subsection (1).
[52/2004]
(3) An action shall not be brought under subsection (2) in respect of any contravention of subsection (1) after the expiration of 6 years from the time when the contravention took place.
[52/2004]
(4) Where a person contravenes subsection (1)(a) wilfully and for the purpose of obtaining a commercial advantage or private financial gain, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.
[52/2004; 22/2005]
(5) Where a person contravenes subsection (1)(b) or (c) wilfully and for the purpose of obtaining a commercial advantage or private financial gain, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
[52/2004; 22/2005]
(6) For the purposes of subsection (5), a person shall not be treated as having contravened subsection (1)(b) wilfully unless —
(a)
in the case of a device, product or component referred to in subsection (1)(b)(i), he had himself —
(i)
promoted, advertised or marketed it; or
(ii)
authorised the promotion, advertising or marketing of it,
for the purpose of circumventing the technological measure;
(b)
in the case of a device, product or component referred to in subsection (1)(b)(ii), he knew or had reason to believe at the time of the contravention that it had only a limited commercially significant purpose or use other than to circumvent the technological measure; or
(c)
in the case of a device, product or component referred to in subsection (1)(b)(iii), he knew or had reason to believe at the time of the contravention that it was designed or made primarily for the purpose of circumventing the technological measure.
[52/2004]
(7) For the purposes of subsection (5), a person shall not be treated as having contravened subsection (1)(c) wilfully unless —
(a)
in the case of a service referred to in subsection (1)(c)(i), he had himself —
(i)
promoted, advertised or marketed it; or
(ii)
authorised the promotion, advertising or marketing of it,
for the purpose of circumventing the technological measure;
(b)
in the case of a service referred to in subsection (1)(c)(ii), he knew or had reason to believe at the time of the contravention that it had only a limited commercially significant purpose or use other than to circumvent the technological measure; or
(c)
in the case of a service referred to in subsection (1)(c)(iii), he had himself —
(i)
performed it; or
(ii)
authorised the performance of it,
primarily for the purpose of circumventing the technological measure.
[52/2004]
(8) For the purposes of subsections (4) and (5), a person does an act for the purpose of obtaining a commercial advantage if the act is done to obtain a direct advantage, benefit or financial gain for a business or trade carried on by him.
[52/2004]
(9) Subsections (4) and (5) shall not apply to any act done by or on behalf of a non-profit library, any non-profit archives, an educational institution, an institution assisting handicapped readers, an institution assisting intellectually handicapped readers, or such public, non-commercial broadcasting organisation as the Minister may prescribe.
[52/2004]
(10) This section does not affect the import or sale of a device that does not render effective a technological measure whose sole purpose is to control market segmentation for access to cinematograph films, if the import or sale of the device does not otherwise contravene any written law including this Act.
[52/2004]
[Aust. 1968, s. 132 (5A) and (5B)]