—(1) Subject to subsection (2), the copyright in a literary work being a computer program is not infringed by the making of a reproduction of the work, or of a computer program being an adaptation of the work, if —
the reproduction is made by, or on behalf of, the owner of the copy (referred to in this section as the original copy) from which the reproduction is made; and
the reproduction is made for the purpose only of being used, by or on behalf of the owner of the original copy, in lieu of the original copy in the event that the original copy is lost, destroyed or rendered unusable.
(2) Subsection (1) shall not apply to the making of a reproduction of a computer program, or of an adaptation of a computer program, from an infringing copy of the computer program.
(3) Notwithstanding section 31, it is not an infringement for the owner of a copy of a computer program or of a compilation within the meaning of section 7A in an electronic form to make or authorise the making of another copy or adaptation of that computer program or compilation provided that such a new copy or adaptation is created as an essential step in the utilisation of the computer program or compilation in conjunction with a machine and that it is used in no other manner.
(4) Where an act is permitted under this section —
it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act; and
any such term or condition shall, insofar as it purports to prohibit or restrict the act, be void.
(5) For the purposes of this section, a reference to a copy of a computer program or compilation or of an adaptation of a computer program or compilation is a reference to any article in which the computer program, compilation or adaptation is reproduced in a material form.
[Aust. 1968, s. 43A (as amended by Aust. Am. 1984, s. 4)]