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Rh :(b) the person does so to obtain a commercial advantage or private financial gain; and
 * (c) the circumvention or dealing is an infringement of a provision of this Division.

(2) Subsection (1) does not apply to any act done by or on behalf of—
 * (a) a non-profit library or archive;
 * (b) an educational institution;
 * (c) an institution aiding persons with print disabilities;
 * (d) an institution aiding persons with intellectual disabilities; or
 * (e) a public and non-commercial broadcasting organisation that is prescribed.

(3) A person who commits an offence under subsection (1) shall be liable on conviction—
 * (a) in relation to subsection (1)(a)(i), to a fine not exceeding $20,000; and
 * (b) in relation to subsection (1)(a)(ii), to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

Power to deal with protected copies, etc., in proceedings under section 439

440.—(1) This section applies where—
 * (a) a person is charged for an offence under section 439 in a court (whether or not the person is convicted); and
 * (b) there is before the court or in the person’s possession an article that appears to be mainly used for circumventing technological measures applied to protected copies.

(2) The court may order that the article be—
 * (a) delivered up and forfeited to the rights owner concerned;
 * (b) destroyed; or