Commonwealth Numbered Acts

COPYRIGHT AMENDMENT ACT 1989 No. 32 of 1989 - SECT 19

19. The following sections are inserted in the Principal Act after section 153
or, if section 153B of that Act (as amended by this Act) has commenced, after
section 153B: Applications to Tribunal under section 135ZV or subsection 135ZW
(1)

"153C. (1) The parties to an application to the Tribunal under section 135ZV
or subsection 135ZW (1) for the determination of the amount of equitable
remuneration payable to a collecting society by an administering body for the
making, by or on behalf of that body, of licensed copies are the society and
the body.

"(2) Where an application is made to the Tribunal under section 135ZV or
subsection 135ZW (1), the Tribunal shall consider the application and, after
giving the parties to the application the opportunity of presenting their
cases, shall make an order determining the amount per licensed copy, or per
student of the relevant institution, as the case may be, that it considers to
be equitable remuneration for the making of a licensed copy.

"(3) In making an order, the Tribunal may have regard to such matters (if any)
as are prescribed.

"(4) An order may be expressed to have effect in relation to licensed copies
made before the day on which the order is made.

"(5) In this section, 'administering body', 'collecting society',
'institution', 'licensed copy' and 'student' have the same meanings as in Part
VB. Applications to Tribunal under subsection 135ZW (3)

"153D. (1) The parties to an application to the Tribunal under subsection
135ZW (3) for the determination of a sampling system to be used for the
purpose of assessing the number of licensed copies made by, or on behalf of,
an administering body, or any other relevant matters, are the relevant
collecting society and the body.

"(2) Where an application is made to the Tribunal under subsection 135ZW (3),
the Tribunal shall consider the application and, after giving the parties to
the application an opportunity of presenting their cases, shall make an order
determining the sampling process.

"(3) In this section, 'administering body', 'collecting society' and 'licensed
copy' have the same meanings as in Part VB.".