This fair dealing was introduced into the Copyright Act in December 2017 as part of Australia's obligations under the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (otherwise known as the Marrakesh Treaty).
A person with a disability is anyone who suffers from a disability that causes them difficulty in reading, viewing, hearing or comprehending copyright material in a particular form. In practice, this includes anyone with a disability as defined in the Disability Discrimination Act 1992.
Under the new provision, a person with a disability, or a person acting on their behalf, can make a copy or upload/download a copy of copyright material if it is for the purpose of providing an accessible version to a person with a disability and the dealing is fair.
The provision contains a list of factors to determine if the dealing is fair:
(a) the purpose and character of the dealing;
(b) the nature of the copyright material;
(c) the effect of the dealing upon the potential market for, or value of, the material;
(d) if only part of the material is dealt with—the amount and substantiality of the part dealt with, taken in relation to the whole material.