Commonwealth Consolidated Regulations

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COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS 1969 - REG 27

References under section 155

         (1)    A reference of a licence scheme to the Tribunal under section 155 of the Act shall:

                (a)     state whether the person referring the scheme is:

                          (i)     the licensor operating the scheme;

                         (ii)     an organization claiming to be representative of persons requiring licences in cases included in a class of cases to which the scheme applies; or

                         (iii)     a person claiming that he requires a licence in a case included in class of cases to which the scheme applies;

               (b)     specify the class of cases to which the reference relates;

                (c)     state the name of the other party to the dispute that gave rise to the reference;

               (d)     set out particulars of the matter in dispute; and

                (e)     request the Tribunal to make such order, confirming or varying the scheme, in so far as it relates to the class of cases to which the reference relates, as the Tribunal considers reasonable in the circumstances.

         (2)    Where the reference is made by an organization claiming to be representative of persons requiring licences, the Tribunal shall, before determining the question whether the organization is reasonably representative of the class of persons that it claims to represent, give to every other party to the reference, and to every person who has applied to be made a party to the reference and whose application has not been determined, an opportunity of presenting a case in relation to that question.



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