Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 153L

             (1)  This section applies where an application is made to the Tribunal under subsection 10A(5A) for review of a declaration included in a notice published under subsection 10A(4) for the purposes of paragraph (g), (h) or (i) of the definition of educational institution in subsection 10(1).

             (2)  The parties to the application are:

                     (a)  the collecting society that made the application; and

                     (b)  the body administering the institution that caused the notice to be published.

             (3)  After giving each party an opportunity to present its case, the Tribunal must:

                     (a)  confirm the declaration; or

                     (b)  set aside the notice.

             (4)  If the Tribunal sets aside the notice, the Tribunal must cause to be published in the Gazette a notice that:

                     (a)  sets out full particulars of the name and address of the institution; and

                     (b)  contains a statement to the effect that the notice previously published by the body administering the institution under subsection 10A(4) has been set aside.

Upon publication of the Tribunal's notice, the notice published under subsection 10A(4) ceases to have effect for the purposes of paragraph (g), (h) or (i) of the definition of educational institution in subsection 10(1).

             (5)  The Tribunal may only set aside a notice if it determines that the principal function, or the principal functions, as the case may be, of the institution concerned are not as described in the declaration included in the notice.