Commonwealth Consolidated Regulations

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COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS 1969 - REG 23CB

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

                An application to the Tribunal under subsection 135JA (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 particulars of:

                          (i)     the matters and processes that it is proposed should constitute an agreed system; and

                         (ii)     any other matters that it is proposed should be necessary or convenient to be assessed or taken into account for the purposes of an agreed system; and

                (f)     ask the Tribunal to determine:

                          (i)     the agreed system to be used, including the matters and processes constituting the agreed system; and

                         (ii)     any other matters that are necessary or convenient to be assessed or taken into account for the purposes of an agreed system that adequately accounts for:

                                   (A)      copies of broadcasts made by, or on behalf of, the administering body while the agreed notice is in force; and

                                   (B)      communications of such copies made by, or on behalf of, the administering body while the agreed notice is in force.

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



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