Commonwealth Consolidated Regulations

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COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS 1969 - REG 23C

Matters to be included in application under subsection 135J (3) of the Act

                An application to the Tribunal under subsection 135J (3) of the Act must:

                (a)     set out the circumstances or events giving rise to the application; and

               (b)     state whether the applicant is an administering body or the collecting society; and

                (c)     if the applicant is an administering body — state the name of the collecting society; and

               (d)     if the applicant is the collecting society:

                          (i)     give particulars of the notice relating to it published in the Gazette under section 135P of the Act; and

                         (ii)     state the name of the administering body; and

                (e)     give the following particulars for assessment by use of a sampling system:

                          (i)     the extent of copying of broadcasts;

                         (ii)     the extent to which copies of broadcasts are communicated;

                         (iii)     other matters (if any); and

                (f)     ask the Tribunal to determine a sampling system to be used to assess:

                          (i)     the extent to which copies of broadcasts are made by, or on behalf of, the administering body in a particular period; and

                         (ii)     the extent to which communications of such copies are made by, or on behalf of, the administering body in a particular period; and

                         (iii)     any other matters that are necessary or convenient to be assessed by use of a sampling system.

Note    In this regulation, administering body and collecting society have the same meaning as in Part VA of the Act.



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