104.—F86[(1) Subject to subsection (1A) and section 104A(1), a designated body may do any of the following in respect of a relevant work without infringing the copyright in that work:

(a) make, or cause to be made, a copy of the work for the purpose of modifying the copy;

(b) supply the modified copy of the work to a person with a disability;

(c) supply the modified copy of the work to another designated body;

(d) receive a modified copy of the work from—

(i) another designated body, or

(ii) a person with a disability;

(e) supply the modified copy of the work that it has received under paragraph (d) to—

(i) a person with a disability, or

(ii) another designated body.

(1A) Subsection (1) shall not apply unless the modified copy concerned of the relevant work—

(a) bears or otherwise incorporates an express statement to the effect that the copy has been made under this section, and

(b) is accompanied by a sufficient acknowledgement.

(1B) (a) Subject to section 104A(1), a use to which paragraph (b) applies may be made of a relevant work by a person with a disability without infringing the copyright in that work provided that the use is for the benefit of the person, is directly related to the disability, is for a non-commercial purpose and is made only to the extent required by the nature of the disability.

(b) A use to which this paragraph applies is any of the following:

(i) make, or cause to be made, a copy of the relevant work for the purpose of modifying the copy;

(ii) access a modified copy of the work which has been modified pursuant to subparagraph (i) or supplied pursuant to subsection (1);

(iii) supply such modified copy to a designated body.]

(2) Where a copy which would otherwise be an infringing copy is made under this section, but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.

(3) In this section, “designated body” means a body designated for the purposes of this section by order of the Minister who shall not designate a body unless he or she is satisfied that the body is not established or conducted for profit.