Commonwealth Numbered Regulations

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1983 No. 125 COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS (AMENDMENT) - REG 4

4. After regulation 33 of the Copyright Tribunal (Procedure) Regulations the
following regulations are inserted: Applications under sub-section 159A (1) of
the Act

"33A. An application to the Tribunal by the Attorney-General under sub-section
159A (1) of the Act shall -

   (a)  identify the body administering an educational institution in respect
        of
which the application for an order suspending the application of
sub-sections 53B (1) and (2) of the Act is made;

   (b)  set out details of the offences against sub-section 203A (2) of the
        Act
of which that body has been convicted;

   (c)  annex certified copies of the convictions for those offences; and

   (d)  specify the period recommended in respect of the order applied for to
suspend the application of sub-sections 53B (1) and (2) of the Act in
relation to that body administering an educational institution. Applications
under sub-section 159B (1) of the Act

"33B. An application to the Tribunal under sub-section 159B (1) of the Act
shall -

   (a)  identify the order under sub-section 159A (1) of the Act to which the
application relates;

   (b)  annex a certified copy of that order;

   (c)  set out details of the steps taken since the making of the order by
        the
body making the application to ensure that no further contravention of
sub-section 203A (2) of the Act will occur; and

   (d)  request the Tribunal to revoke the order to which the application
relates. Applications to fix terms under sub-section 183 (5) of the Act

"33C. An application to the Tribunal to fix terms under sub-section 183 (5) of
the Act for the doing of an act comprised in the copyright by the Commonwealth
or a State or a person authorized in writing by the Commonwealth or a State -

   (a)  shall set out the circumstances or events giving rise to the
        application and, in particular, shall -

        (i)    identify the work or other subject-matter to which the
application relates;

        (ii)   identify the act comprised in the copyright that was done, or
               is
proposed to be done, under sub-section 183 (1);

        (iii)  state whether the applicant is the owner of the copyright in
               the
work or other subject-matter or the Commonwealth or a State;

        (iv)   if the applicant is the owner of the copyright - state whether
the act that was done, or is proposed to be done, under
sub-section 183 (1) was done, or is proposed to be done, by the
Commonwealth or a State, and if done or proposed to be done
by a State, identify the State; and

        (v)    if the applicant is the Commonwealth or a State - state the
name of the copyright owner; and

   (b)  shall request the Tribunal to fix terms as between the copyright owner
        and the Commonwealth or the State for the doing of any of the acts
        comprised in the copyright under sub-section 183 (1).". 


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