Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The copyright in a literary work:
(a) that is a computer program; and
(b) that has been published in Australia or a qualifying country;
is not infringed by a person who:
(c) imports into Australia an article that has embodied in it a non - infringing copy of the program; or
(d) does an act mentioned in section 38 involving an article that has embodied in it a non - infringing copy of the program and that has been imported into Australia by anyone.
Note: Section 130B deals with the burden of proof a defendant bears in a civil action for infringement of copyright.
(2) The definition of article in section 38 does not affect this section.