Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (2), the copyright in a subject - matter is not infringed by the making of a temporary copy of the subject - matter if the temporary copy is incidentally made as a necessary part of a technical process of using a copy of the subject - matter.
(2) Subsection (1) does not apply to:
(a) the making of a temporary copy of a subject - matter if the temporary copy is made from:
(i) an infringing copy of the subject - matter; or
(ii) a copy of the subject - matter where the copy is made in another country and would be an infringing copy of the subject - matter if the person who made the copy had done so in Australia; or
(b) the making of a temporary copy of a subject - matter as a necessary part of a technical process of using a copy of the subject - matter if that use constitutes an infringement of the copyright in the subject - matter.
(3) Subsection (1) does not apply to any subsequent use of a temporary copy of a subject - matter other than as a part of the technical process in which the temporary copy was made.