44E Importation and sale etc. of copies of computer programs (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.

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