Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 135JAA

Determination of questions relating to this Division or the collecting society's rules

             (1)  This section applies if:

                     (a)  it is necessary or convenient to determine a question to facilitate future compliance by an administering body or the collecting society with this Division or the provisions of the collecting society's rules described in paragraph 135P(3)(d); and

                     (b)  the question is not determined by another provision of this Part or regulations made for the purposes of this Part; and

                     (c)  determination of the question affects both the administering body and the collecting society.

Note:          An example of such a question might be whether there should be a particular sampling system to provide information to enable the collecting society to determine how to distribute amounts it collects.

             (2)  The question must be determined by agreement between the collecting society and the administering body or, failing such agreement, by the Tribunal on the application of either of them.

             (3)  If, during a period, the administering body does not comply with the agreement or order of the Tribunal determining the question, sections 135E and 135F do not apply to a copy of a broadcast, or communication of a copy of a broadcast, made by or on behalf of the administering body during the period.



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