(1) Subject to subsection (3), copyright in a computer program is not infringed by the making of a copy of the computer program if—
(a) the copy is made by or on behalf of the lawful user of the copy of the program (in this section referred to as the original copy) from which the first-mentioned copy is made; and
(b) the copy is made solely for the purpose of being used by or on behalf of the lawful user of the original copy—
(i) instead of the original copy in order to preserve the original copy for use if the copy is lost, destroyed, or rendered unusable; or
(ii) if the original copy is lost, destroyed, or rendered unusable.
(2) If the original copy is lost, destroyed, or rendered unusable, the copy made pursuant to subsection (1) shall be deemed for the purposes of this section to be the original copy.
(3) Subsection (1) does not apply to the making of a copy of a computer program—
(a) from an infringing copy of the computer program; or
(b) contrary to an express direction by or on behalf of the owner of the copyright in the computer program given to the lawful user of the original copy not later than the time when the lawful user of the original copy acquired that original copy.
(4) For the purposes of this section,—
(a) a reference to a computer program includes a reference to an adaptation of that program; and
(b) a reference to a copy of a computer program is a reference to any object in which the program is reproduced in a material form; and
(c) a reference to an express direction, in relation to a copy of a computer program, includes a reference to a clearly legible direction printed on the copy or on a package in which the copy is supplied.
Compare: Copyright Act 1968 s 43A (Aust)