Page:Copyright Act 2021.pdf/283

284 (2) A person may deal in a circumventing device if—
 * (a) the device is used only in circumstances to which subsection (1) applies; or
 * (b) at the time of dealing, the person does not know and could not reasonably have known that the device will be used in any other circumstances.

(3) A person may deal in a circumventing service if—
 * (a) the service is performed only in circumstances to which subsection (1) applies; or
 * (b) at the time of dealing, the person does not know and could not reasonably have known that the service will be performed in any other circumstances.

(4) In this section, “computer” includes a computer system and a computer network.

Exception—law enforcement, national defence, etc.

434. The Government, or a person authorised by the Government, may for the purpose of law enforcement, intelligence, national defence or essential security, or for any other similar purpose—
 * (a) circumvent an access control measure; or
 * (b) deal in a circumventing device or service.

Exception—prescribed exceptions

435.—(1) A person may circumvent an access control measure if a prescribed exception applies.

(2) An exception may be prescribed if—
 * (a) the Minister is satisfied that the prohibition on circumventing access control measures has or is likely to impair or adversely affect a dealing in relation to a copyright work or protected performance; and
 * (b) the dealing is not a rights infringement in relation to the work or performance.