COPYRIGHT ACT 1968 - SECT 156 Further reference of licence schemes to Tribunal

COPYRIGHT ACT 1968 - SECT 156

  (1)   Where the Tribunal has made an order (other than an interim order) under either of the last two preceding sections with respect to a licence scheme, then, subject to the next succeeding subsection, at any time while the order remains in force:

  (a)   the licensor operating the scheme;

  (b)   any organization claiming to be representative of persons requiring licences in cases included in the class of cases to which the order applies; or

  (c)   any person claiming that he or she requires a licence in a case included in that class;

may refer the scheme reflecting the order to the Tribunal in so far as it relates to cases included in that class.

  (2)   A scheme shall not, except with the leave of the Tribunal, be referred to the Tribunal under the last preceding subsection at a time earlier than:

  (a)   where the order concerned was made so as to be in force indefinitely or for a period exceeding 15 months--the expiration of the period of 12 months commencing on the date on which the order was made; or

  (b)   where the order concerned was made so as to be in force for a period not exceeding 15 months--the commencement of the period of 3 months ending on the date of expiration of the order.

  (3)   The parties to a reference under this section are:

  (a)   the licensor, organization or person referring the scheme; and

  (b)   if the reference is not made by the licensor operating the scheme--that licensor; and

  (c)   such other organizations or persons (if any) as apply to the Tribunal to be made parties to the reference and, in accordance with the provisions applicable in that behalf by virtue of subsection   (5), are made parties to the reference; and

  (d)   the Australian Competition and Consumer Commission, if the Tribunal makes the Commission a party to the reference under section   157B.

  (4)   The Tribunal must consider the matter in dispute, give the parties an opportunity of presenting their cases then make an order that the Tribunal considers reasonable in the circumstances doing one of the following to the scheme so far as it is referred to the Tribunal under subsection   (1):

  (a)   confirming it;

  (b)   varying it;

  (c)   substituting for it another scheme proposed by one of the parties.

This subsection has effect to subsection   (5).

  (5)   Subsections   155(3), (4), and (6) to (10) inclusive apply for the purposes of this section.

  (6)   The preceding subsections of this section have effect in relation to orders made under this section in like manner as they have effect in relation to orders made under either of the last two preceding sections.

  (7)   Nothing in this section prevents a licence scheme in respect of which an order has been made under either of the last two preceding sections from being again referred to the Tribunal under that section:

  (a)   in so far as the scheme relates to cases included in a class of cases to which the order does not apply--at any time; and

  (b)   in so far as the scheme relates to cases included in the class of cases to which the order applied while it was in force--after the expiration of the order.