Commonwealth Numbered Regulations

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1983 No. 125 COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS (AMENDMENT) - REG 6

6. After regulation 40 of the Copyright Tribunal (Procedure) Regulations the
following regulations are inserted: Fixing of a new date for hearing or
further hearing where a party makes a request under sub-section 161 (1) of the
Act

"40A. (1) Where a party makes a request under sub-section 161 (1) of the Act
in a proceeding and a date has been fixed for the hearing or a further hearing
of that proceeding that is less than 28 days from the date of the filing of
the request, the President shall fix a new date for the hearing or further
hearing of that proceeding that is more than 28 days from the date of the
filing of the request.

"(2) The Secretary shall cause notice of the date fixed by the President under
sub-regulation (1) to be served on the parties to the proceeding. Prescribed
period for purposes of sub-section 161 (2) of the Act

"40B. For the purposes of sub-section 161 (2) of the Act, the prescribed
period is 28 days from the date on which the Tribunal gave its decision.
Prescribed period for purposes of sub-section 161 (3) of the Act

"40C. For the purposes of sub-section 161 (3) of the Act, the prescribed
period is 28 days from the date on which the Tribunal refuses the request for
a reference. Adjournment pending decision of Federal Court

"40D. Where the Tribunal refers a question of law arising in proceedings
before it for determination by the Federal Court of Australia under
sub-section 161 (1) of the Act, being proceedings in which the Tribunal has
not given its decision, the Tribunal shall adjourn its hearing of those
proceedings until the question referred has been heard and determined by the
Federal Court of Australia.". 


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