Commonwealth Consolidated Acts

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Infringement by sale and other dealings

  (1)   An author's moral right in respect of a work is infringed by a person who, in Australia, deals with an article if the person knew, or ought reasonably to have known, that the article was an infringing article or, in respect of an imported article, would, if it had been made in Australia, have been an infringing article.

  (2)   In subsection   (1):

"deals with" does not include:

  (a)   distributes, except where the distribution is for the purposes of sale; or

  (b)   deals with by means of a dealing covered by paragraph   195AD(b), 195AD(c), 195AE(2)(b), 195AE(2)(c) or 195AF (2)(b) or subsection   195AG(1) or 195AH(1); or

  (c)   deals with by means of an exhibition that is an attributable act to which section   195AO applies or an exhibition to which subsection   195AQ(5) applies.

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