(a) that is, or is part of, an electronic literary or music item; 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 electronic literary or music item; or
(d) does an act mentioned in section 38 involving an article that has embodied in it a non - infringing copy of the electronic literary or music item and that has been imported into Australia by anyone.
Note: Section 130C 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.