Commonwealth Consolidated Regulations

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COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS 1969 - REG 29

References under section 156

         (1)    A reference of a licence scheme to the Tribunal under section 156 of the Act shall:

                (a)     specify the date when the Tribunal last made an order with respect to the scheme that is applicable in the class of cases to which the reference relates and the relevant file number;

               (b)     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 the class of cases to which the order applies; or

                         (iii)     a person claiming that he requires a licence in a case included in that class;

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

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

                (e)     set out particulars of the matter in dispute;

                (f)     where leave of the Tribunal is required for the making of the reference:

                          (i)     if that leave has already been granted — specify the date when the Tribunal granted the leave and the relevant file number; and

                         (ii)     in any other case — state the grounds on which leave is sought for the making of the reference and request the Tribunal to grant leave for the making of the reference; and

                (g)     request the Tribunal to make such order in relation to the scheme as previously confirmed or varied, in so far as it relates to cases included in the class of cases to which the reference relates, whether by way of confirming, varying or further varying the scheme, as the Tribunal considers reasonable in the circumstances.

         (2)    Subregulation (2) of regulation 27 of these Regulations applies for the purposes of this regulation.



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