Copyright Tribunal (Procedure) Regulations 1969 (consolidated as of October 30, 2010), Australia

Copyright Tribunal (Procedure) Regulations 1969 Statutory Rules 1969 No. 59 as amended

made under the

Copyright Act 1968

This compilation was prepared on 30 October 2010 taking into account amendments up to SLI 2010 No. 250

Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra

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Contents

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2 Copyright Tribunal (Procedure) Regulations 1969

Contents

Part I Preliminary 1 Name of Regulations [see Note 1] 6 2 Commencement [see Note 1] 6 3 Parts 6 4 Interpretation 6

Part II General provisions 5 Seal of Tribunal 8 6 Office or offices of Registrar 9 7 Filing of documents 9 8 File numbers of proceedings 10 9 Title of proceedings 10

10 Sealing of documents 10 11 Address for service 10 12 Service of documents 11 13 Signing of documents 12 14 Recording of orders of Tribunal 13 15 Notification of orders of Tribunal and of reasons 13

Part IV Applications and references to the Tribunal

17 General provisions relating to applications and references to Tribunal 14

18 Advertising of applications and references 16 18A Matters to be included in application under

subsection 10A (5A) of the Act 17 19 Matters to be included in application under

subsection 47 (3) 17 19A Matters to be included in application under

subsection 47A (8) of the Act 18 20 Matters to be included in application under

paragraph 59 (3) (b) 18 21 Matters to be included in application under

subsection 70 (3) 19 22 Matters to be included in application under

subsection 107 (3) 20

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Copyright Tribunal (Procedure) Regulations 1969 3

23 Matters to be included in application under paragraph 108 (1) (a) 20

23A Matters to be included in application under subsection 135H (1) of the Act 21

23B Matters to be included in application under subsection 135J (1) of the Act 21

23C Matters to be included in application under subsection 135J (3) of the Act 22

23CA Matters to be included in application under subsection 135JA (1) of the Act 23

23CB Matters to be included in application under subsection 135JA (3) of the Act 24

23CC Matters to be included in applications under subsection 135JAA (2) or 135ZWAA (2) of the Act 25

23CD Matters to be included in applications under subsection 135K (2A) or 135ZX (2A) of the Act 26

23CE Matters to be included in reference under paragraph 135P (1A) (c) of the Act 27

23CF Matters to be included in reference under paragraph 135Q (2) (b) of the Act 27

23CG Matters to be included in applications under subsection 135SA (1), 135ZZEA (1), 135ZZWA (1) or 183F (1) of the Act 28

23D Matters to be included in application under subsection 135ZV (1) of the Act 28

23E Matters to be included in application under subsection 135ZW (1) of the Act 29

23F Matters to be included in application under subsection 135ZW (3) of the Act 30

23G Matters to be included in application under subsection 135ZME (3) of the Act 31

23H Matters to be included in application under subsection 135ZWA (1) of the Act 32

23J Matters to be included in application under subsection 135ZWA (2) of the Act 33

23JA Matters to be included in references under paragraph 135ZZB (1A) (c) or 135ZZT (1A) (c) of the Act 34

23JB Matters to be included in references under paragraph 135ZZC (2) (b) or 135ZZU (2) (b) of the Act 34

23K Matters to be included in application under subsection 135ZZM (1) of the Act 35

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23L Matters to be included in application under subsection 135ZZN (3) of the Act 36

24 Matters to be included in application under subsection 152 (2) 36

25 Matters to be included in application under subsection 152 (12) 37

25A Matters prescribed for the purposes of paragraph 153A (3) (b) of the Act 37

25B Prescribed matters for the purposes of subsection 153C (3) of the Act 38

25C Matters to be included in application under subsection 153F (1) of the Act 39

25D Matters to be included in application under subsection 153G (1) of the Act 39

25E Matters to be included in application under subsection 153K (1) of the Act 39

26 Matters to be included in reference under section 154 40

27 References under section 155 41 28 Application for leave under subsection 156 (2) to

refer licence scheme to Tribunal 42 29 References under section 156 43 30 Applications under subsection 157 (1) 44 31 Applications under subsection 157 (2) 44 32 Applications under subsection 157 (3) 45 33 Applications under subsection 157 (4) 46

33C Applications to fix terms under subsection 183 (5) of the Act 47

33D Applications to Tribunal for determination of reasonable compensation payable — copyright in photographs 48

33E Applications to Tribunal for determination of reasonable compensation — copyright in works and other subject matter 49

34 Application to be made a party to a proceeding 50 35 Other applications 51

Part V Ancillary matters 36 Consolidation of applications and references 54

36A Directions as to procedure 54 37 Request as to constitution of Tribunal 55

37A Registrar may request further copies of documents 55

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38 Withdrawal of application 56 39 Withdrawal of reference licence scheme 56 40 Request for reference of question of law to Federal

Court 57 40A Fixing of a new date for hearing or further hearing

where a party makes a request under subsection 161 (1) of the Act 58

40B Prescribed period for purposes of subsection 161 (2) of the Act 58

40C Prescribed period for purposes of subsection 161 (3) of the Act 59

40D Adjournment pending decision of Federal Court 59 41 Suspension of orders of Tribunal pending reference

of question of law to Federal Court 59 42 Proceedings before Tribunal after determination of

question of law by Federal Court 59 43 Amendment of documents 60

Part VI Miscellaneous 44 Summons to witness or produce documents 61 45 Extension of time 61 46 Fees 61 47 Payment of witnesses’ fees and expenses 61 48 Power to waive procedural requirements and effect

of non-compliance 62

Schedule 1 Forms 63 Form 1 Title of proceeding 63 Form 2 Summons to witness 64 Form 3 Summons to produce documents 65

Schedule 2 Fees 66

Notes 67

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Part I Preliminary

Regulation 1

6 Copyright Tribunal (Procedure) Regulations 1969

Part I Preliminary

1 Name of Regulations [see Note 1] These Regulations are the Copyright Tribunal (Procedure) Regulations 1969.

2 Commencement [see Note 1] These Regulations shall come into operation on the date fixed by Proclamation under section 2 of the Act.

3 Parts These Regulations are divided into Parts, as follows:

Part I — Preliminary (Regulations 1-4)

Part II — General Provisions (Regulations 5-15)

Part IV — Applications and References to the Tribunal (Regulations 17-35)

Part V — Ancillary Matters (Regulations 36-43)

Part VI — Miscellaneous (Regulations 44-48).

4 Interpretation (1) In these Regulations, unless the contrary intention appears:

address for service, in relation to a person, means an address in Australia at which documents may be served on the person. newspaper includes the Gazette. person includes an organization within the meaning of Part VI of the Act. proceeding means a proceeding before the Tribunal. Registrar means the Registrar of the Tribunal. sealed means sealed with the seal of the Tribunal. the Act means the Copyright Act 1968.

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Preliminary Part I

Regulation 4

Copyright Tribunal (Procedure) Regulations 1969 7

the relevant file number, in relation to a proceeding, means the file number caused by the Secretary to be allotted to the proceeding in pursuance of regulation 8 of these Regulations.

(2) Where provision is made by the Act or these Regulations specifying the persons who are to be the parties to a proceeding, those persons shall be deemed, for the purposes of these Regulations, to be parties to any ancillary application made under these Regulations in connexion with that proceeding.

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Part II General provisions

Regulation 5

8 Copyright Tribunal (Procedure) Regulations 1969

Part II General provisions

5 Seal of Tribunal (1) There shall be a seal of the Tribunal, which shall be of a design

approved by the President and shall include: (a) the Coat of Arms of the Commonwealth, that is to say the

armorial ensigns and supporters granted to the Commonwealth by Royal Warrant dated the nineteenth day of September, One thousand nine hundred and twelve; and

(b) the words “Copyright Tribunal of Australia”.

(2) The Registrar shall keep a device for affixing the seal of the Tribunal to a document.

(3) Subject to this regulation, the seal of the Tribunal shall be affixed by or with the authority of the Registrar to such documents as are required by these Regulations or by a direction of the President or of the Tribunal to be sealed with the seal of the Tribunal.

(4) The Registrar shall also keep a stamp, the design of which shall, as nearly as practicable, be the same as the design of the seal of the Tribunal.

(5) A document to which the seal of the Tribunal is required to be affixed may be stamped with the stamp referred to in the last preceding subregulation and, when so stamped, has the same force and effect as if it had been sealed with the seal of the Tribunal.

(6) All courts and all persons acting judicially shall take judicial notice of a seal or stamp referred to in this regulation affixed to, or stamped on, a document and, in the absence of proof to the contrary, shall presume that it was affixed or stamped by proper authority.

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General provisions Part II

Regulation 7

Copyright Tribunal (Procedure) Regulations 1969 9

6 Office or offices of Registrar (1) The Attorney-General shall notify in the Gazette:

(a) the address of the office of the Registrar or, if there is more than one such office, the address of each of those offices; and

(b) any change in that address or in any of those addresses.

(2) An office of the Registrar shall be open for business on every day, other than a Saturday or a Sunday or a day that is observed as a holiday in the Public Service of the Commonwealth by virtue of section 76 of the Public Service Act 1922-1968 in the place where the office is situated, at such times as the President directs.

7 Filing of documents (1) Subject to this regulation, filing of a document with the

Registrar shall be effected by lodging the document at an office of the Registrar at a time when that office is open for business, or by sending the document by post addressed to the Registrar at an office of the Registrar, but the document shall be deemed not to be filed until it is accepted for filing by the Registrar.

(2) The Registrar may refuse to accept a document for filing if the document does not comply with the provisions of these Regulations applicable in relation to the document and shall refuse to accept a document for filing if the prescribed fee has not been paid.

(3) If the Registrar refuses to accept a document for filing, he shall serve notice in writing of the refusal on the person by whom the document was lodged or sent and shall state in the notice the reason for the refusal.

(4) The Registrar shall cause the date on which a document is filed to be written on the document and on any sealed copy of the document.

(5) The Registrar may decide on the number of copies of each document that must be with the document when it is filed with the Registrar.

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Part II General provisions

Regulation 8

10 Copyright Tribunal (Procedure) Regulations 1969

(6) A decision by the Registrar under subregulation (5) may be in relation to: (a) all documents; or (b) a particular document; or (c) a document included in a class of documents.

(7) If the Registrar has made a decision under subregulation (5) the number of copies decided on in relation to a document must be with that document when it is filed with the Registrar.

8 File numbers of proceedings (1) The Registrar shall cause a file number to be allotted to each

proceeding.

(2) The one file number may be allotted to all proceedings that, in the opinion of the Registrar, are related to each other.

9 Title of proceedings A document filed with the Registrar, or issued out of an office of the Registrar, in relation to a proceeding shall be intituled in accordance with Form 1 in Schedule 1 to these Regulations.

10 Sealing of documents Where: (a) a person is required by or under these Regulations to serve

on another person a sealed copy of a document filed with the Registrar; and

(b) a copy of the document is lodged by or on behalf of that person with the Registrar;

the Registrar shall cause the document to be sealed and returned to the person by whom it was lodged.

11 Address for service (1) A person who files with the Registrar a document instituting,

or relating to, a proceeding shall specify in the document an address for service.

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General provisions Part II

Regulation 12

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(2) The last preceding subregulation does not apply in relation to a document filed in connexion with a proceeding if the person filing the document has previously filed a document with the Registrar in connexion with that proceeding specifying such an address.

(3) A person who has, in connexion with a proceeding, filed with the Registrar a document specifying an address for service may at any time file with the Registrar a notice, in writing addressed to the Registrar and signed by or on behalf of the person, specifying a new address for service.

(4) A person filing a notice in accordance with the last preceding subregulation shall cause a copy of the notice to be served on every party to the proceeding within seven days after the notice is filed.

(5) A reference in these Regulations to a document specifying an address for service in relation to a person shall, in relation to a person who has filed a notice in accordance with subregulation (3) of this regulation, be read as a reference to the notice or, if the person has filed more than one such notice, be read as a reference to the later or latest of those notices.

12 Service of documents (1) A document that is required or permitted by or under these

Regulations to be served on a person in connexion with a proceeding may be served on the person: (a) where the person has filed a document with the Registrar

specifying an address for service — by delivering the document to the person personally or by leaving the document at, or by sending the document by post addressed to the person at, that address; or

(b) where the person has not filed such a document:

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Part II General provisions

Regulation 13

12 Copyright Tribunal (Procedure) Regulations 1969

(i) if the person is a corporation — by delivering the document personally to the manager or secretary of the corporation, or, if the corporation has a registered office under a law of a State or Territory of the Commonwealth, by leaving it at that office or by sending it by post addressed to the corporation at that office or, if the corporation does not have such a registered office, by sending it by post addressed to the corporation at its principal place of business in Australia;

(ii) if the person is an organization other than a corporation — by delivering the document personally to the manager, secretary or other similar officer of the organization or by sending it by post addressed to the organization at its principal place of business in Australia; or

(iii) in any other case — by delivering the document personally to the person or by sending it by post addressed to the person at the address of the place of living or business of the person last known to the person serving the document.

(2) The Tribunal may make an order directing that service of a document that is required or permitted by or under these Regulations to be served be effected in a manner different from the manner provided by the last preceding subregulation or that service of the document be dispensed with.

(3) Proof of the service of any document may be given by means of a statutory declaration.

13 Signing of documents Where, in connexion with a proceeding, a person signs a document on behalf of another person, the person signing the document shall state in the document that he is signing the document on behalf of the other person.

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General provisions Part II

Regulation 15

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14 Recording of orders of Tribunal (1) The Registrar shall cause each order of the Tribunal and the

date on which it was made to be recorded in a document signed by him.

(2) The Registrar shall cause the original of the document referred to in the last preceding subregulation to be filed in the records of the Tribunal.

15 Notification of orders of Tribunal and of reasons (1) The Tribunal shall, when making an order, state in writing its

reasons for making the order.

(2) The Registrar shall cause a copy of the document recording the order and of the reasons of the Tribunal to be served on every party to the application or reference in respect of which the order was made and shall also cause a copy of the document recording the order and of the reasons to be available at each of his offices for public inspection when that office is open for business.

(3) In the last two preceding subregulations, “order” does not include an interim order or an order that is made in respect of an application that is ancillary to another proceeding.

(4) The President may, if he thinks fit, direct the Registrar to cause particulars of any order of the Tribunal to be published in such newspaper or newspapers circulating in Australia as the President determines.

(5) Subregulations (2) and (4) of this regulation do not apply in relation to an order the operation of which is suspended pending a reference of a question of law to the Federal Court of Australia.

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Part IV Applications and references to the Tribunal

Regulation 17

14 Copyright Tribunal (Procedure) Regulations 1969

Part IV Applications and references to the Tribunal

17 General provisions relating to applications and references to Tribunal

(1) An application or reference to the Tribunal shall: (a) be in writing; (b) state the name of the person making the application or

reference; (c) state the general nature of the application or reference and

specify the provision of the Act or of these Regulations under which the application or reference is made;

(d) subject to the next succeeding subregulation, include such other matters as are required by these Regulations to be included in an application or reference made under that provision;

(e) be signed by or on behalf of the person making the application or reference; and

(f) be filed with the Registrar.

(2) A person desiring to make an application or reference to the Tribunal may, with the leave of the President, omit from the application or reference such of the particulars required by these Regulations to be included in the application or reference as the President specifies but, if the President, when so granting leave, directs that other particulars specified by him are to be included in the application or reference in lieu of the omitted particulars, the person shall include those other particulars in the application or reference.

(3) Subject to these Regulations, a person making an application or reference to the Tribunal shall cause notice of the making of the application or reference, together with a sealed copy of the application or reference, to be served, within seven days after the application or reference is filed with the Registrar, on every other person who, by virtue of the Act or of these Regulations,

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Applications and references to the Tribunal Part IV

Regulation 17

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is a party to the application or reference other than a person who became a party after the application or reference was filed.

(4) A notice of the making of an application or reference shall: (a) be in writing; (b) be addressed to the person on whom it is served; (c) inform the person on whom it is served that the application

or reference to which the notice relates has been made to the Tribunal and that that person is, by virtue of the Act or these Regulations, as the case may be, a party to the application or reference; and

(d) be signed by or on behalf of the person making the application or reference.

(5) The President may, and shall if so requested by a party to the application or reference, fix a time and place for a preliminary hearing of the application or reference (other than an application to which regulation 34 or regulation 35 of these Regulations applies or an application or reference in respect of which the Tribunal decides not to have a hearing) for the purpose of dealing with such matters connected with the application or reference as the President directs, and the Registrar shall cause notice of the time and place so fixed to be served on the parties to the application or reference and on the persons (if any) who have applied to the Tribunal to be made parties to the application or reference.

(6) A request for the fixing of a time and place for a preliminary hearing shall: (a) be in writing addressed to the Registrar; (b) specify the date on which the application or reference was

filed with the Registrar and the relevant file number; (c) state the name of the party making the request; (d) be signed by or on behalf of that party; and (e) be filed with the Registrar.

(7) The President shall fix a time and place for the hearing of the application or reference (other than an application to which regulation 34 of these Regulations applies or an application or reference in respect of which the Tribunal decides not to have a hearing), and the Registrar shall cause notice of the time and

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Part IV Applications and references to the Tribunal

Regulation 18

16 Copyright Tribunal (Procedure) Regulations 1969

place so fixed to be served on the parties to the application or reference and on the persons (if any) who have applied to the Tribunal to be made parties to the application or reference and whose applications to be made parties have not been previously determined.

(8) An application to which regulation 34 of these Regulations applies shall be dealt with at the preliminary hearing (if any) or the hearing of the proceeding to which it relates.

18 Advertising of applications and references (1) Where an application (other than an application in relation to

which this regulation does not apply) or a reference is made to the Tribunal, the person making the application or reference shall, subject to this regulation, cause notice of the making of the application or reference to be advertised in each State by being published, within ten days after the filing the application or reference with the Registrar, in a newspaper circulating in that State.

(2) The President may direct that notice of the making of an application or reference specified in the direction need not be advertised, or need not be advertised in a State so specified, or that the notice be advertised in a manner other than that specified in the last preceding subregulation.

(3) The notice shall: (a) specify the date on which the application or reference was

made and the relevant file number; (b) state the name, and the address for service, of the person

by whom the application or reference is made; and (c) state the general nature of the application or reference and

specify the provision of the Act or of these Regulations under which the application or reference is made.

(4) This regulation does not apply to: (a) applications under subsection 47 (3), paragraph 59 (3) (b),

subsections 70 (3) and 107 (3), and paragraph 108 (1) (a) of the Act; and

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Applications and references to the Tribunal Part IV

Regulation 19

Copyright Tribunal (Procedure) Regulations 1969 17

(b) applications mentioned in sections 149A, 153A, 153B, 153BA, 153BB, 153C, 153D, 153DA, 153M and 153N of the Act; and

(c) applications to which regulation 34 or 35 applies.

18A Matters to be included in application under subsection 10A (5A) of the Act An application to the Tribunal under subsection 10A (5A) of the Act must: (a) state that the institution is included in a notice published

under subsection 10A (4) of the Act for paragraph (g), (h) or (i) of the definition of educational institution in subsection 10 (1) of the Act; and

(b) attach a copy of the notice, published in the Gazette under subsection 10A (4) of the Act, that includes the declaration that is to be reviewed; and

(c) state the grounds for review of the declaration, included in the notice, that are to be relied upon in the case; and

(d) ask the Tribunal to determine the question of whether the notice should be set aside or the declaration confirmed.

19 Matters to be included in application under subsection 47 (3) An application to the Tribunal under subsection (3) of section 47 of the Act: (a) shall set out the circumstances or events giving rise to the

application and, in particular, shall: (i) identify the work, or the adaptation of a work, to

which the application relates; (ii) identify the sound recording or cinematograph film

to which the application relates; (iii) state whether the applicant is the owner of the

copyright in the work or the maker of the recording or film;

(iv) if the applicant is the owner of the copyright — state the name of the maker of the recording or film; and

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Part IV Applications and references to the Tribunal

Regulation 19A

18 Copyright Tribunal (Procedure) Regulations 1969

(v) if the applicant is the maker of the recording or film — state the name of the owner of the copyright; and

(b) shall request the Tribunal to determine the amount that is equitable remuneration to the owner of the copyright for the making of the recording or film.

19A Matters to be included in application under subsection 47A (8) of the Act An application to the Tribunal under subsection 47A (8) of the Act must: (a) set out the circumstances or events giving rise to the

application; and (b) identify the work, or the adaptation of the work, to which

the application relates; and (c) state whether the applicant is the owner of the copyright in

the work or the holder of a print-handicapped radio licence; and

(d) if the applicant is the owner of the copyright — state the name of the licence holder; and

(e) if the applicant is the licence holder — state the name of the owner of the copyright; and

(f) ask the Tribunal to determine the amount that is equitable remuneration to the owner of the copyright for the making of the sound broadcast.

20 Matters to be included in application under paragraph 59 (3) (b) An application to the Tribunal under paragraph (b) of subsection (3) of section 59 of the Act: (a) shall set out the circumstances or events giving rise to the

application and, in particular, shall: (i) identify the musical work and the literary or

dramatic work to which the application relates; (ii) identify the record to which the application relates;

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Applications and references to the Tribunal Part IV

Regulation 21

Copyright Tribunal (Procedure) Regulations 1969 19

(iii) state whether the applicant is the owner of the copyright in the musical work or the owner of the copyright in the literary or dramatic work;

(iv) if the applicant is the owner of the copyright in the musical work — state the name of the owner of the copyright in the literary or dramatic work; and

(v) if the applicant is the owner of the copyright in the literary or dramatic work — state the name of the owner of the copyright in the musical work; and

(b) shall request the Tribunal to determine the manner in which the royalty payable by the maker of the record in respect of the musical work and the literary or dramatic work shall be apportioned between the owners of the copyrights in those works.

21 Matters to be included in application under subsection 70 (3) An application to the Tribunal under subsection (3) of section 70 of the Act: (a) shall set out the events giving rise to the application and,

in particular, shall: (i) identify the artistic work to which the application

relates; (ii) identify the cinematograph film to which the

application relates; (iii) state whether the applicant is the owner of the

copyright in the work or the maker of the film; (iv) if the applicant is the owner of the copyright — state

the name of the maker of the film; and (v) if the applicant is the maker of the film — state the

name of the owner of the copyright; and (b) shall request the Tribunal to determine the amount that is

equitable remuneration to the owner of the copyright for the making of the film.

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Part IV Applications and references to the Tribunal

Regulation 22

20 Copyright Tribunal (Procedure) Regulations 1969

22 Matters to be included in application under subsection 107 (3) An application to the Tribunal under subsection (3) of section 107 of the Act: (a) shall set out the circumstances or events giving rise to the

application and, in particular, shall: (i) identify the sound recording to which the application

relates; (ii) identify the record to which the application relates;

(iii) state whether the applicant is the owner of the copyright in the recording or the maker of the record;

(iv) if the applicant is the owner of the copyright — state the name of the maker of the record; and

(v) if the applicant is the maker of the record — state the name of the owner of the copyright; and

(b) shall request the Tribunal to determine the amount that is equitable remuneration to the owner of the copyright for the making of the record.

23 Matters to be included in application under paragraph 108 (1) (a) An application to the Tribunal under paragraph (a) of subsection (1) of section 108 of the Act: (a) shall set out the circumstances or events giving rise to the

application and, in particular, shall: (i) identify the sound recording to which the application

relates; (ii) state whether the applicant is the owner of the

copyright in the recording or the person causing the recording to be heard in public;

(iii) if the applicant is the owner of the copyright — state the name of the person causing the recording to be heard in public; and

(iv) if the applicant is the person causing the recording to be heard in public — state the name of the owner of the copyright; and

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Applications and references to the Tribunal Part IV

Regulation 23B

Copyright Tribunal (Procedure) Regulations 1969 21

(b) shall request the Tribunal to determine the amount that is equitable remuneration to the owner of the copyright for the causing of the recording to be heard in public.

23A Matters to be included in application under subsection 135H (1) of the Act An application to the Tribunal under subsection 135H (1) of the Act must: (a) set out the circumstances or events giving rise to the

application; and (b) state whether the applicant is an administering body or the

collecting society; and (c) if the applicant is an administering body:

(i) state the institutions it administers; and (ii) state the classes of students of institutions it

administers; and (d) if the applicant is the collecting society:

(i) give particulars of the notice relating to it published in the Gazette under section 135P of the Act; and

(ii) state the name of the administering body; and (e) identify the classes of works, sound recordings or

cinematograph films included in the broadcasts; and (f) ask the Tribunal to determine an amount that is equitable

remuneration for: (i) copies of broadcasts; and

(ii) communications of such copies. Note In this regulation, administering body and collecting society have the same meaning as in Part VA of the Act.

23B Matters to be included in application under subsection 135J (1) of the Act An application to the Tribunal under subsection 135J (1) of the Act must: (a) set out the circumstances or events giving rise to the

application; and

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Part IV Applications and references to the Tribunal

Regulation 23C

22 Copyright Tribunal (Procedure) Regulations 1969

(b) state whether the applicant is an administering body or the collecting society; and

(c) if the applicant is an administering body; (i) state the institutions it administers; and

(ii) state the classes of students of institutions it administers; and

(d) if the applicant is the collecting society: (i) give particulars of the notice relating to it published

in the Gazette under section 135P of the Act; and (ii) state the name of the administering body; and

(e) give the following particulars based on assessment by use of a sampling system under subsection 135J (3) of the Act: (i) the extent to which copies of broadcasts are made

by, or on behalf of, the administering body in a particular period;

(ii) the extent to which communications of such copies are made by, or on behalf of, the administering body in a particular period;

(iii) other matters (if any); and (f) ask the Tribunal to determine the annual amount that is

equitable remuneration for: (i) copies of broadcasts; and

(ii) communications of such copies. Note In this regulation, administering body and collecting society have the same meaning as in Part VA of the Act.

23C Matters to be included in application under subsection 135J (3) of the Act An application to the Tribunal under subsection 135J (3) of the Act must: (a) set out the circumstances or events giving rise to the

application; and (b) state whether the applicant is an administering body or the

collecting society; and (c) if the applicant is an administering body — state the name

of the collecting society; and

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Applications and references to the Tribunal Part IV

Regulation 23CA

Copyright Tribunal (Procedure) Regulations 1969 23

(d) if the applicant is the collecting society: (i) give particulars of the notice relating to it published

in the Gazette under section 135P of the Act; and (ii) state the name of the administering body; and

(e) give the following particulars for assessment by use of a sampling system: (i) the extent of copying of broadcasts;

(ii) the extent to which copies of broadcasts are communicated;

(iii) other matters (if any); and (f) ask the Tribunal to determine a sampling system to be

used to assess: (i) the extent to which copies of broadcasts are made

by, or on behalf of, the administering body in a particular period; and

(ii) the extent to which communications of such copies are made by, or on behalf of, the administering body in a particular period; and

(iii) any other matters that are necessary or convenient to be assessed by use of a sampling system.

Note In this regulation, administering body and collecting society have the same meaning as in Part VA of the Act.

23CA Matters to be included in application under subsection 135JA (1) of the Act An application to the Tribunal under subsection 135JA (1) of the Act must: (a) set out the circumstances or events giving rise to the

application; and (b) state whether the applicant is an administering body or the

collecting society; and (c) if the applicant is an administering body:

(i) state the institutions it administers; and (ii) state the classes of students of institutions it

administers; and (d) if the applicant is the collecting society:

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Part IV Applications and references to the Tribunal

Regulation 23CB

24 Copyright Tribunal (Procedure) Regulations 1969

(i) give particulars of the notice relating to it published in the Gazette under section 135P of the Act; and

(ii) state the name of the administering body; and (e) give the following particulars based on assessment by use

of an agreed system under subsection 135JA (3) of the Act: (i) the extent to which copies of broadcasts are made

by, or on behalf of, the administering body in a particular period;

(ii) the extent to which communications of such copies are made by, or on behalf of, the administering body in a particular period;

(iii) other matters (if any); and (f) ask the Tribunal to determine an amount (whether an

annual amount or otherwise) that is equitable remuneration for: (i) copies of broadcasts; and

(ii) communications of such copies. Note In this regulation, administering body and collecting society have the same meaning as in Part VA of the Act.

23CB Matters to be included in application under subsection 135JA (3) of the Act An application to the Tribunal under subsection 135JA (3) of the Act must: (a) set out the circumstances or events giving rise to the

application; and (b) state whether the applicant is an administering body or the

collecting society; and (c) if the applicant is an administering body — state the name

of the collecting society; and (d) if the applicant is the collecting society:

(i) give particulars of the notice relating to it published in the Gazette under section 135P of the Act; and

(ii) state the name of the administering body; and (e) give particulars of:

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Regulation 23CC

Copyright Tribunal (Procedure) Regulations 1969 25

(i) the matters and processes that it is proposed should constitute an agreed system; and

(ii) any other matters that it is proposed should be necessary or convenient to be assessed or taken into account for the purposes of an agreed system; and

(f) ask the Tribunal to determine: (i) the agreed system to be used, including the matters

and processes constituting the agreed system; and (ii) any other matters that are necessary or convenient to

be assessed or taken into account for the purposes of an agreed system that adequately accounts for: (A) copies of broadcasts made by, or on behalf

of, the administering body while the agreed notice is in force; and

(B) communications of such copies made by, or on behalf of, the administering body while the agreed notice is in force.

Note In this regulation, administering body, agreed notice and collecting society have the same meaning as in Part VA of the Act.

23CC Matters to be included in applications under subsection 135JAA (2) or 135ZWAA (2) of the Act An application to the Tribunal under subsection 135JAA (2) or 135ZWAA (2) of the Act must: (a) state if the applicant is an administering body or a

collecting society; and (b) if the applicant is an administering body — state the name

of the collecting society; and (c) if the applicant is a collecting society:

(i) for an application under subsection 135JAA (2) of the Act — give particulars of the notice about the society published in the Gazette under paragraph 135P (1A) (a) or subsection 153BAB (5) of the Act; and

(ii) for an application under subsection 135ZWAA (2) of the Act — give particulars of the notice about the society published in the Gazette under

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Regulation 23CD

26 Copyright Tribunal (Procedure) Regulations 1969

paragraph 135ZZB (1A) (a) or subsection 153DC (5) of the Act; and

(iii) state the name of the administering body; and (d) explain the circumstances or events giving rise to the

application and, in particular: (i) state that the criteria in subsection 135JAA (1) or

135ZWAA (1) of the Act are met and detail how the criteria are met; and

(ii) for an application under subsection 135ZWAA (2) of the Act — state if the application is made to determine a question to assist future compliance with subparagraph 135ZWAA (1) (a) (i), (ii), or (iii) of the Act; and

(iii) give details of the failed attempt to determine the question by agreement between the administering body and the collecting society; and

(e) ask the Tribunal to determine the question.

23CD Matters to be included in applications under subsection 135K (2A) or 135ZX (2A) of the Act An application to the Tribunal under subsection 135K (2A) or 135ZX (2A) of the Act must: (a) state if the applicant is an administering body or a

collecting society; and (b) if the applicant is an administering body — state the name

of the collecting society; and (c) if the applicant is a collecting society:

(i) for an application under subsection 135K (2A) of the Act — give particulars of the notice about the society published in the Gazette under paragraph 135P (1A) (a) or subsection 153BAB (5) of the Act; and

(ii) for an application under subsection 135ZX (2A) of the Act — give particulars of the notice about the society published in the Gazette under paragraph 135ZZB (1A) (a) or subsection 153DC (5) of the Act; and

(iii) state the name of the administering body; and

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Regulation 23CF

Copyright Tribunal (Procedure) Regulations 1969 27

(d) explain the circumstances or events giving rise to the application and, in particular: (i) state the day on which the relevant records notice

started; and (ii) state the activity required under subsection 135K (1)

or 135ZX (1) of the Act and the matter that needs to be determined; and

(iii) give details of the failed attempt to determine the matter by agreement between the administering body and the collecting society; and

(e) ask the Tribunal to determine the matter.

23CE Matters to be included in reference under paragraph 135P (1A) (c) of the Act A reference to the Tribunal under paragraph 135P (1A) (c) of the Act must: (a) state the name of the body; and (b) state that the body has applied to be declared as the

collecting society under section 135P of the Act; and (c) attach a copy of the application by the body seeking the

declaration; and (d) explain the circumstances or events giving rise to the

reference; and (e) ask the Tribunal to determine the application by declaring

the body to be the collecting society under section 135P of the Act or by rejecting the application.

23CF Matters to be included in reference under paragraph 135Q (2) (b) of the Act A reference to the Tribunal under paragraph 135Q (2) (b) of the Act must: (a) state the name of the collecting society included in the

reference; and (b) state the provisions of the Act under which it is declared to

be the collecting society; and

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Regulation 23CG

28 Copyright Tribunal (Procedure) Regulations 1969

(c) give particulars of the notice about the declaration of the collecting society published in the Gazette by the Minister or the Tribunal; and

(d) state the matters by which the Minister is satisfied under subsection 135Q (1) of the Act; and

(e) ask the Tribunal to determine the question of whether the declaration of the body as the collecting society should be revoked.

23CG Matters to be included in applications under subsection 135SA (1), 135ZZEA (1), 135ZZWA (1) or 183F (1) of the Act An application to the Tribunal under subsection 135SA (1), 135ZZEA (1), 135ZZWA (1) or 183F (1) of the Act must: (a) state if the applicant is a collecting society or a member of

a collecting society; and (b) state if the application is for review of the arrangement

adopted, or an arrangement proposed to be adopted, by the collecting society for distributing amounts it collects in a period; and

(c) explain the circumstances or events giving rise to the application; and

(d) give particulars of the arrangement; and (e) give particulars of:

(i) the variation sought to the arrangement; or (ii) the arrangement sought to be substituted for the

arrangement; and (f) ask the Tribunal to determine the application by making

an order confirming the arrangement, varying the arrangement or substituting for the arrangement another arrangement.

23D Matters to be included in application under subsection 135ZV (1) of the Act An application to the Tribunal under subsection 135ZV (1) of the Act must:

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Regulation 23E

Copyright Tribunal (Procedure) Regulations 1969 29

(a) set out the circumstances or events giving rise to the application; and

(b) state whether the applicant is an administering body or a collecting society; and

(c) if the applicant is an administering body: (i) state the name of the relevant collecting society; and

(ii) state the institutions administered by the administering body; and

(iii) state the classes of students of institutions it administers; and

(d) if the applicant is a collecting society: (i) give particulars of the notice relating to it published

in the Gazette under section 135ZZB of the Act including (if applicable) details of the classes of relevant copyright owners specified in the notice; and

(ii) state the name of the administering body; and (e) ask the Tribunal to determine the amount per licensed

copy that is equitable remuneration for the making of the licensed copies.

Note In this regulation, administering body, collecting society, licensed copy and relevant copyright owner have the same meaning as in Part VB of the Act.

23E Matters to be included in application under subsection 135ZW (1) of the Act An application to the Tribunal under subsection 135ZW (1) of the Act must: (a) set out the circumstances or events giving rise to the

application; and (b) state whether the applicant is an administering body or a

collecting society; and (c) if the applicant is an administering body:

(i) state the name of the relevant collecting society; and (ii) state the institutions administered by the

administering body; and

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Regulation 23F

30 Copyright Tribunal (Procedure) Regulations 1969

(iii) state the classes of students of institutions it administers; and

(d) give particulars of: (i) the number of licensed copies made by, or on behalf

of, the administering body in a particular period; and (ii) other matters (if any); assessed by use of a sampling system under subsection 135ZW (3) of the Act; and

(e) if the applicant is a collecting society: (i) give particulars of the notice relating to it published

in the Gazette under section 135ZZB of the Act including (if applicable) details of the classes of relevant copyright owners specified in the notice; and

(ii) state the name of the administering body; and (f) ask the Tribunal to determine the annual amount that is

equitable remuneration for the making of licensed copies. Note In this regulation, administering body, collecting society, licensed copy and relevant copyright owner have the same meaning as in Part VB of the Act.

23F Matters to be included in application under subsection 135ZW (3) of the Act An application to the Tribunal under subsection 135ZW (3) of the Act must: (a) set out the circumstances or events giving rise to the

application; and (b) state whether the applicant is an administering body or a

collecting society; and (c) if the applicant is an administering body — state the name

of the collecting society; and (d) if the applicant is a collecting society:

(i) give particulars of the notice relating to it published in the Gazette under section 135ZZB of the Act including (if applicable) details of the classes of relevant copyright owners specified in the notice; and

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Regulation 23G

Copyright Tribunal (Procedure) Regulations 1969 31

(ii) state the name of the administering body; and (e) give particulars of the matters that it is proposed should be

assessed by use of a sampling system; and (f) ask the Tribunal to determine a sampling system to be

used to assess: (i) the number of licensed copies made by, or on behalf

of, the administering body in a particular period; and (ii) any other matters that are necessary or convenient to

be assessed by use of the sampling system. Note In this regulation, administering body, collecting society, licensed copy and relevant copyright owner have the same meaning as in Part VB of the Act.

23G Matters to be included in application under subsection 135ZME (3) of the Act An application to the Tribunal under subsection 135ZME (3) of the Act must: (a) set out the circumstances or events giving rise to the

application; and (b) identify the artistic work to which the application relates;

and (c) identify the article or other literary, dramatic or musical

work (the article or other work) to which the application relates; and

(d) state whether the applicant is the owner, or an owner, of copyright in: (i) the artistic work; or

(ii) the article or other work; and (e) if applicable, state the names of other relevant copyright

owners of: (i) the artistic work; or

(ii) the article or other work; and (f) ask the Tribunal to determine the division of equitable

remuneration to be apportioned between: (i) the owner or owners of the copyright in the artistic

work; and

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Regulation 23H

32 Copyright Tribunal (Procedure) Regulations 1969

(ii) the owner or owners of the copyright in the article or other work.

23H Matters to be included in application under subsection 135ZWA (1) of the Act An application to the Tribunal under subsection 135ZWA (1) of the Act must: (a) set out the circumstances or events giving rise to the

application; and (b) state whether the applicant is an administering body or a

collecting society; and (c) if the applicant is an administering body:

(i) state the name of the relevant collecting society; and (ii) state the institutions administered by the

administrating body; and (iii) state the classes of students of institutions it

administers; and (d) if the applicant is a collecting society:

(i) give particulars of the notice relating to it published in the Gazette under section 135ZZB of the Act including (if applicable) details of the classes of relevant copyright owners specified in the notice; and

(ii) state the name of the administering body; and (e) give the following particulars based on assessment by use

of an electronic use system: (i) the extent to which licensed copies and licensed

communications are made by, or on behalf of, the administering body in a particular period;

(ii) other matters (if any); and (f) ask the Tribunal to determine an amount (whether an

annual amount or otherwise) that is equitable remuneration for making licensed copies and licensed communications.

Note In this regulation, administering body, collecting society and licensed copy have the same meaning as in Part VB of the Act.

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Regulation 23J

Copyright Tribunal (Procedure) Regulations 1969 33

23J Matters to be included in application under subsection 135ZWA (2) of the Act An application to the Tribunal under subsection 135ZWA (2) of the Act must: (a) set out the circumstances or events giving rise to the

application; and (b) state whether the applicant is an administering body or a

collecting society; and (c) if the applicant is an administering body — state the name

of the collecting society; and (d) if the applicant is a collecting society:

(i) give particulars of the notice relating to it published in the Gazette under section 135ZZB of the Act including (if applicable) details of the classes of relevant copyright owners specified in the notice; and

(ii) state the name of the administering body; and (e) give particulars of:

(i) the matters and processes that are proposed should constitute an electronic use system; and

(ii) any other matters that it is proposed should be necessary or convenient to be assessed and taken into account for the purposes of an electronic use system; and

(f) ask the Tribunal to determine: (i) the electronic use system to be used, including

matters and processes constituting the system; and (ii) any other matters that are necessary or convenient to

be assessed or taken into account for the purposes of an electronic use system that adequately accounts for licensed copies and licensed communications made by, or on behalf of, the administering body while an electronic use notice is in force.

Note In this regulation, administering body, collecting society and licensed copy have the same meaning as in Part VB of the Act.

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Regulation 23JA

34 Copyright Tribunal (Procedure) Regulations 1969

23JA Matters to be included in references under paragraph 135ZZB (1A) (c) or 135ZZT (1A) (c) of the Act A reference to the Tribunal under paragraph 135ZZB (1A) (c) or 135ZZT (1A) (c) of the Act must: (a) state the name of the body included in the reference; and (b) explain the circumstances or events giving rise to the

reference; and (c) state that the body has applied to be declared as a

collecting society under section 135ZZB or 135ZZT of the Act; and

(d) state whether the declaration sought is as a collecting society for all relevant copyright owners or for classes of relevant copyright owners; and

(e) if there is another body at present declared in relation to those copyright owners as a collecting society under section 135ZZB or 135ZZT of the Act — state the name of the other body; and

(f) ask the Tribunal to determine the application by declaring the body to be a collecting society under section 135ZZB or 135ZZT of the Act or by rejecting the application.

23JB Matters to be included in references under paragraph 135ZZC (2) (b) or 135ZZU (2) (b) of the Act A reference to the Tribunal under paragraph 135ZZC (2) (b) or 135ZZU (2) (b) of the Act must: (a) state the name of the collecting society; and (b) state the provisions of the Act under which it is declared to

be a collecting society; and (c) state the relevant copyright owners or the classes of

relevant copyright owners for which the collecting society is declared; and

(d) give particulars of the notice about the declaration of the collecting society published in the Gazette by the Minister or the Tribunal; and

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Regulation 23K

Copyright Tribunal (Procedure) Regulations 1969 35

(e) state the matters by which the Minister is satisfied under subsection 135ZZC (1) or 135ZZU (1) of the Act; and

(f) ask the Tribunal to determine the question of whether the declaration of the body as the collecting society should be revoked.

23K Matters to be included in application under subsection 135ZZM (1) of the Act An application to the Tribunal under subsection 135ZZM (1) of the Act must: (a) set out the circumstances or events giving rise to the

application; and (b) state whether the applicant is a retransmitter or a

collecting society; and (c) if the applicant is a retransmitter — state the name of the

collecting society; and (d) if the applicant is a collecting society:

(i) give particulars of the notice relating to it published in the Gazette under subsection 135ZZT (1) of the Act; and

(ii) state the name of the retransmitter; and (e) identify the retransmission or retransmissions to be the

subject of the determination; and (f) identify the classes of works, sound recordings or

cinematograph films which are the subject of the determination and which are included in the retransmission or retransmissions; and

(g) ask the Tribunal to determine an amount that is equitable remuneration for the making of the retransmission or retransmissions while the remuneration notice is in force, in so far as that equitable remuneration relates to the identified classes of works, sound recordings or cinematograph films.

Note In this regulation, collecting society, remuneration notice and retransmitter have the same meanings as in Part VC of the Act.

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Part IV Applications and references to the Tribunal

Regulation 23L

36 Copyright Tribunal (Procedure) Regulations 1969

23L Matters to be included in application under subsection 135ZZN (3) of the Act An application to the Tribunal under subsection 135ZZN (3) of the Act must: (a) set out the circumstances or events giving rise to the

application; and (b) state whether the applicant is a retransmitter or a

collecting society; and (c) if the applicant is a retransmitter — state the name of the

collecting society; and (d) if the applicant is a collecting society:

(i) give particulars of the notice relating to it published in the Gazette under subsection 135ZZT (1) of the Act; and

(ii) state the name of the retransmitter; and (e) identify the retransmission or retransmissions to be the

subject of the determination; and (f) ask the Tribunal to determine the record system that in

accordance with subsection 135ZZN (2) of the Act is to be used for the purposes of a remuneration notice.

Note In this regulation, collecting society, remuneration notice and retransmitter have the same meanings as in Part VC of the Act.

24 Matters to be included in application under subsection 152 (2) An application to the Tribunal under subsection (2) of section 152 of the Act shall: (a) state whether the applicant is a broadcaster or the owner of

a copyright in a published sound recording; (b) if the applicant is an owner of such a copyright — state the

name of the broadcaster in relation to whom the application is made;

(c) specify the period in respect of which an order of the Tribunal is is sought; and

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Regulation 25A

Copyright Tribunal (Procedure) Regulations 1969 37

(d) request the Tribunal to make an order determining, or making provision for determining, the amount payable by the broadcaster to the owners of copyrights in published sound recordings in respect of the broadcasting during that period of those recordings by that broadcaster.

25 Matters to be included in application under subsection 152 (12) An application to the Tribunal under subsection (12) of section 152 of the Act shall: (a) specify the order of the Tribunal to which the application

relates; and (b) request the Tribunal to amend the order so as to specify

the applicant as one of the persons among whom the amount specified in, or determined in accordance with, the order is to be divided.

25A Matters prescribed for the purposes of paragraph 153A (3) (b) of the Act

(1) For the purposes of paragraph 153A (3) (b) of the Act the following matters are prescribed: (a) the nature of the works, sound recordings or

cinematograph films included in the broadcasts; (b) the institutions for which the copies of the broadcasts are

made; (c) any matters that have been assessed by use of a sampling

system determined under subsection 135J (3) of the Act; (d) the need to ensure adequate incentive for the production of

educational works, educational sound recordings and educational cinematograph films in Australia;

(e) the purpose and character of the copying; (f) the effect of the copying on the market for, or value of, the

material included in the broadcasts; (g) the special circumstances of external students including

any difficulties faced by those students in meeting the requirements of section 103C of the Act;

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Regulation 25B

38 Copyright Tribunal (Procedure) Regulations 1969

(h) any unremunerated contribution by institutions to the creation of the material included in the broadcasts.

(2) In subregulation (1), external student, in relation to an institution, means a person undertaking a correspondence course or external study course provided by the institution. Note In this regulation, institution has the same meaning as in Part VA of the Act.

25B Prescribed matters for the purposes of subsection 153C (3) of the Act

(1) For the purposes of subsection 153C (3) of the Act the following matters are prescribed: (a) the nature of the works or eligible items other than works

copied; (b) the institutions for which the copies are made; (c) any matters that have been assessed by use of a sampling

system determined under subsection 135ZW (3) of the Act;

(d) the need to ensure adequate incentive for the production of educational works and eligible items other than works in Australia;

(e) the purpose and character of the copying; (f) the effect of the copying on the market for, or value of, the

material copied; (g) the special circumstances of external students including

any difficulties faced by those students in meeting the requirements of sections 41, 49 or 135ZG of the Act;

(h) any unremunerated contribution by institutions to the creation of the material copied.

(2) In subregulation (1), external student, in relation to an institution, means a person undertaking a correspondence course or external study course provided by the institution. Note In this regulation, eligible item and institution have the same meaning as in Part VB of the Act.

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Regulation 25E

Copyright Tribunal (Procedure) Regulations 1969 39

25C Matters to be included in application under subsection 153F (1) of the Act An application to the Tribunal under subsection 153F (1) of the Act must: (a) state that the criteria in subsection 153F (6) of the Act are

met and detail how they are met; and (b) state if the applicant seeks a declaration for all government

copies or a class of government copies; and (c) if there is another body at present declared as a collecting

society under section 153F of the Act for the government copies for which a declaration is now sought — state the name of that body; and

(d) ask the Tribunal to determine the application by declaring the applicant to be a collecting society for Division 2 of Part VII of the Act or by rejecting the application.

25D Matters to be included in application under subsection 153G (1) of the Act An application to the Tribunal under subsection 153G (1) of the Act must: (a) if the applicant is not the collecting society — state the

name of the collecting society; and (b) state the provisions of the Act under which the collecting

society is declared to be a collecting society; and (c) give particulars of the notice published in the Gazette

about the declaration of the collecting society; and (d) state the grounds in subsection 153G (5) of the Act that

will be relied on in the case; and (e) ask the Tribunal to determine the question of whether the

declaration of the collecting society should be revoked.

25E Matters to be included in application under subsection 153K (1) of the Act An application to the Tribunal under subsection 153K (1) of the Act must: (a) explain the circumstances or events giving rise to the

application and, in particular:

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Regulation 26

40 Copyright Tribunal (Procedure) Regulations 1969

(i) identify the copyright material relating to the application; and

(ii) state a period for which an order is sought; and (iii) state whether the government copies made in the

period were made by the Commonwealth or by a State, and, if a State, name the State; and

(iv) state that subsection 183 (5) of the Act does not apply to the government copies made in the period because the relevant collecting society is declared for Division 2 of Part VII of the Act for the copies, and the society has not finished operating as that collecting society; and

(v) if a government copy is to be omitted from the Tribunal’s order determining the method — state the reason for the omission; and

(b) ask the Tribunal to make an order determining the method for working out remuneration payable under subsection 183A (2) of the Act for government copies made for the services of the government in the particular period.

26 Matters to be included in reference under section 154 (1) A reference of a licence scheme to the Tribunal under

section 154 of the Act shall: (a) state that the licensor referring the scheme proposes to

bring the scheme into operaton; (b) state whether the scheme relates to licences in respect of

literary, dramatic or musical works or to licences in respect of sound recordings, or to licences both in respect of literary, dramatic or musical works and in respect of sound recordings;

(c) state whether the licensor referring the scheme is the owner or prospective owner of the copyright in the works or recordings or is acting as agent for the owners or prospective owners in relation to the negotiation or granting of such licences; and

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Regulation 27

Copyright Tribunal (Procedure) Regulations 1969 41

(d) request the Tribunal to make such order, confirming or varying the scheme or substituting for the scheme another scheme proposed by one of the parties, as the Tribunal considers reasonable in the circumstances.

(2) The reference shall be accompanied by a copy of the licence scheme.

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 or substituting for the scheme another scheme proposed by one of the parties, 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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Part IV Applications and references to the Tribunal

Regulation 28

42 Copyright Tribunal (Procedure) Regulations 1969

28 Application for leave under subsection 156 (2) to refer licence scheme to Tribunal

(1) A person desiring the leave of the Tribunal under subsection (2) of section 156 of the Act to refer a licence scheme to the Tribunal under subsection (1) of that section and desiring that the question whether the leave should be granted be determined before the preliminary hearing or the hearing of the reference shall make an application to the Tribunal in accordance with this regulation.

(2) The application shall: (a) describe the general nature of the scheme as previously

confirmed, varied or substituted by the Tribunal; (b) specify the class of cases in relation to which the applicant

wishes to refer the scheme to the Tribunal; (c) specify the date when the Tribunal last made an order with

respect to the scheme in relation to that class of cases and the relevant file number;

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

(e) set out particulars of the matter in dispute; (f) state the grounds on which leave is sought for the making

of the reference; and (g) request the Tribunal to grant leave to the applicant to refer

the scheme to the Tribunal in so far as it relates to that class of cases.

(3) The parties to the application are: (a) the applicant; (b) if the application is not made by the licensor operating the

scheme — that licensor; and (c) such other persons (if any) as apply to the Tribunal to be

made parties to the application and, in accordance with the next succeeding subregulation, are made parties to the application.

(4) Where a person applies to the Tribunal to be made a party to the application and it appears to the Tribunal that the person has a substantial interest in the operation of the scheme in so

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far as it relates to the class of cases specified in the application, the Tribunal may, if it thinks fit, make that person a party to the application.

(5) The Tribunal shall consider the application and, after giving to the parties to the application an opportunity of presenting their cases, shall make such order, either granting or refusing the application, as the Tribunal thinks fit.

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

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44 Copyright Tribunal (Procedure) Regulations 1969

(g) for cases included in the class of cases to which the reference relates — request the Tribunal to make an order about the scheme as previously confirmed, varied or substituted, by confirming or varying the scheme or substituting for the scheme another scheme proposed by one of the parties, as the Tribunal considers reasonable in the circumstances.

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

30 Applications under subsection 157 (1) (1) An application to the Tribunal under subsection (1) of

section 157 of the Act: (a) shall set out the circumstances or events giving rise to the

application and, in particular, shall: (i) specify the case in which a licence is required by the

applicant; (ii) specify the licence scheme applicable in that case;

(iii) state the name of the licensor operating the scheme; and

(iv) specify the date or the approximate date on which the applicant requested the licensor to grant him a licence in accordance with the scheme, or to procure the grant to him of such a licence; and

(b) must ask the Tribunal to make an order stating: (i) the charges and the conditions that the Tribunal

considers apply under the scheme for the applicant; or

(ii) that the applicant be granted a licence in the terms proposed by the applicant, the licensor or another party to the application.

(2) The licensor is a party to the application.

31 Applications under subsection 157 (2) (1) An application to the Tribunal under subsection (2) of

section 157 of the Act:

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Copyright Tribunal (Procedure) Regulations 1969 45

(a) shall set out the circumstances or events giving rise to the application and, in particular, shall: (i) specify the case in which a licence is required by the

applicant; (ii) specify the licence scheme applicable in that case;

(iii) state the name of the licensor operating the scheme; and

(iv) specify the charges or conditions to which the grant of a licence in accordance with the scheme would, in that case, be subject and which are claim by the applicant to be unreasonable in the circumstances of the case; and

(b) must ask the Tribunal to make an order stating: (i) the charges and the conditions that the Tribunal

considers reasonable in the circumstances for the applicant; or

(ii) that the applicant be granted a licence in the terms proposed by the applicant, the licensor or another party to the application.

(2) The licensor is a party to the application.

32 Applications under subsection 157 (3) (1) An application to the Tribunal under subsection (3) of

section 157: (a) shall set out the circumstances or events giving rise to the

application and, in particular, shall: (i) specify the case in which a licence is required by the

applicant; (ii) state the name of the licensor concerned;

(iii) if paragraph (a) of that subsection is applicable — specify the date or the approximate date on which the applicant requested the licensor to grant him a licence or to procure the grant to him of a licence; and

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46 Copyright Tribunal (Procedure) Regulations 1969

(iv) if paragraph (b) of that subsection is applicable — specify the charges or conditions to which the licensor proposes that the licence should be subject and which are claimed by the applicant to be unreasonable; and

(b) must ask the Tribunal to make an order stating: (i) the charges and the conditions that the Tribunal

considers reasonable in the circumstances for the applicant; or

(ii) that the applicant be granted a licence in the terms proposed by the applicant, the licensor or another party to the application.

(2) The licensor is a party to the application.

33 Applications under subsection 157 (4) (1) An application to the Tribunal under subsection (4) of

section 157 of the Act: (a) shall set out the circumstances or events giving rise to the

application and, in particular, shall: (i) specify the cases in which licences are required by

persons represented by the applicant; (ii) state the name of the licensor concerned;

(iii) if paragraph (a) of that subsection is applicable — specify the dates or the approximate dates on which the licensor was requested to grant licences to persons represented by the applicant, or to procure the grant of such licences; and

(iv) if paragraph (b) of that subsection is applicable — specify the charges or conditions to which the licensor proposes that licences to be grant to persons represented by the applicant should be subject and which are claimed by the applicant to be unreasonable; and

(b) must ask the Tribunal to make an order stating: (i) the charges and the conditions that the Tribunal

considers reasonable in the circumstances for the persons represented by the applicant; or

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Regulation 33C

Copyright Tribunal (Procedure) Regulations 1969 47

(ii) that a licence be granted, in the terms proposed by the applicant, the licensor or another party to the application, to each person who is specified in the order (whether by reference to a class or otherwise) and who was represented by the applicant or was a party to the application.

(2) The licensor is a party to the application.

33C Applications to fix terms under subsection 183 (5) of the Act An application to the Tribunal to fix terms under subsection 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 subsection 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 subsection 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 subsection 183 (1).

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Regulation 33D

48 Copyright Tribunal (Procedure) Regulations 1969

33D Applications to Tribunal for determination of reasonable compensation payable — copyright in photographs

(1) This regulation applies to an application made to the Tribunal under item 118 of the USFTAIA.

(2) An application must: (a) identify the photograph to which the application relates;

and (b) set out the names of the parties to the application,

identifying: (i) the owner of the copyright in the photograph (the

copyright owner); and (ii) the person mentioned in paragraph (1) (b) of

item 118 of the USFTAIA (the copyright user); and (c) set out the circumstances or events giving rise to the

application; and (d) be accompanied by:

(i) the written agreement mentioned in paragraph (1) (b) of item 118 of the USFTAIA that is the subject of the application, or a copy of the agreement; or

(ii) if the applicant does not have access to the agreement, or a copy — a statement to that effect; and

(e) specify the date or the approximate date on which the copyright in the photograph ends; and

(f) be accompanied by a copy of the written notice of objection (if any) given by the copyright owner to the copyright user; and

(g) specify the amount of compensation already offered by the copyright owner to the copyright user and the date on which the offer was made; and

(h) ask the Tribunal to determine an amount of reasonable compensation to be paid by the copyright owner to the copyright user.

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Copyright Tribunal (Procedure) Regulations 1969 49

(3) If the Tribunal is satisfied that an amount of reasonable compensation must be paid, the Tribunal must specify the date by which the copyright owner must pay the amount of compensation.

(4) In this regulation: owner has the meaning given by subitem 118 (8) of the USFTAIA. USFTAIA means the US Free Trade Agreement Implementation Act 2004.

33E Applications to Tribunal for determination of reasonable compensation — copyright in works and other subject matter

(1) This regulation applies to an application made to the Tribunal under item 132 of the USFTAIA.

(2) An application must: (a) identify the work or other subject matter to which the

application relates; and (b) set out the names of the parties to the application,

identifying: (i) the owner of the copyright in the work or other

subject matter (the copyright owner); and (ii) the person mentioned in paragraph (1) (b) of

item 132 of the USFTAIA (the copyright user); and (c) set out the circumstances or events giving rise to the

application; and (d) be accompanied by:

(i) the written agreement mentioned in paragraph (1) (b) of item 132 of the USFTAIA that is the subject of the application, or a copy of the agreement; or

(ii) if the applicant does not have access to the agreement, or a copy — a statement to that effect; and

(e) specify the date or the approximate date on which the copyright in the work or other subject matter ends; and

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50 Copyright Tribunal (Procedure) Regulations 1969

(f) be accompanied by a copy of the written notice of objection (if any) given by the copyright owner to the copyright user; and

(g) specify the amount of compensation already offered by the copyright owner to the copyright user and the date on which the offer was made; and

(h) ask the Tribunal to determine an amount of reasonable compensation to be paid by the copyright owner to the copyright user.

(3) If the Tribunal is satisfied that an amount of reasonable compensation must be paid, the Tribunal must specify the date by which the copyright owner must pay the amount of compensation.

(4) In this regulation: owner has the meaning given by subitem 132 (8) of the USFTAIA. USFTAIA means the US Free Trade Agreement Implementation Act 2004.

34 Application to be made a party to a proceeding (1) An application to the Tribunal by a person seeking to be made

a party to a proceeding must: (a) state the date when the proceeding was started and the

relevant file number; and (b) state the interest of the person:

(i) if the proceeding is a reference under section 135P, 135ZZB or 135ZZT, or an application under section 153F, of the Act — in the question of whether the applicant should be declared to be a collecting society; and

(ii) if the proceeding is a reference under section 135Q, 135ZZC or 135ZZU, or an application under section 153G, of the Act — in the question of whether the declaration of the collecting society should be revoked; and

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(iii) if the proceeding is an application under section 135SA, 135ZZEA, 135ZZWA or 183F of the Act — in the arrangement; and

(iv) if the proceeding is an application under section 152 of the Act — in the matter applied for; and

(v) if the proceeding is a reference under section 154 of the Act — in the operation of the scheme that is referred; and

(vi) if the proceeding is a reference under section 155 or 156, or an application under section 157, of the Act — in the matter in dispute; and

(vii) if the proceeding is an application for leave of the Tribunal under subsection 156 (2) of the Act to refer a licence scheme to the Tribunal — in the operation of the scheme to the extent that it relates to the class of cases in the application; and

(viii) if the proceeding is a reference or application under Subdivision H of Division 3 of Part VI of the Act that is of interest to the Australian Competition and Consumer Commission — in the matter that is referred or applied for; and

(c) ask the Tribunal to make the person a party to the proceeding.

(2) The Tribunal shall give to the applicant, to every party to the proceeding, and to every other person who has applied to be made a party to the proceeding and whose application has not been determined, an opportunity of presenting a case.

35 Other applications (1) A party to a proceeding (other than an application to which the

last preceding regulation applies) may apply to the Tribunal requesting the Tribunal to make an order with respect to any matter relating to the proceeding.

(2) The application shall specify the date when the proceeding was instituted and the relevant file number and shall set out the circumstances or events giving rise to the application.

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52 Copyright Tribunal (Procedure) Regulations 1969

(3) A party to the proceeding may consent to the making of the order sought by the application.

(4) The consent of a party may be endorsed on the application or set out in a separate document filed with the Registrar but, if the consent is set out in a separate document that is not filed with the application, that party shall serve a copy of the document on the applicant within seven days after the document is filed.

(5) Service of notice of the making of the application, or of a copy of the application, is not required to be effected on a party to the proceeding who has consented to the making of the order sought by the application and service of such a notice or copy on any other person may, with the leave of the President or of the Tribunal, be dispensed with.

(6) A party to the proceeding may lodge an objection to the application by filing with the Registrar a notice of objection within fourteen days after the notice of the making of the application was served on him.

(7) A person lodging an objection shall cause a sealed copy of the notice of objection to be served on the applicant within seven days after notice of the objection is filed with the Registrar.

(8) A notice of objection shall: (a) be in writing addressed to the Registrar; (b) specify the date on which the application was filed with

the Registrar and the relevant file number; (c) state the name of the party lodging the objection; (d) state the grounds of the objection; and (e) be signed by or on behalf of the party lodging the

objection.

(9) The Tribunal shall consider the application and, subject to the next succeeding subregulation, may make such order in relation to the application as the Tribunal considers reasonable in the circumstances.

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(10) The Tribunal shall not refuse the application in whole or in part without giving the applicant an opportunity of presenting his case and, if an objection has been lodged to the application, shall not grant the application in whole or in part without giving the party by whom the objection was lodged an opportunity of presenting his case.

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Regulation 36

54 Copyright Tribunal (Procedure) Regulations 1969

Part V Ancillary matters

36 Consolidation of applications and references (1) Where two or more applications are pending before the

Tribunal, the Tribunal may, of its own motion or on the application of a party to any of the applications, direct that some or all of the applications be considered together and may give such consequential directions as the Tribunal considers necessary.

(2) Where two or more references are pending before the Tribunal in relation to the one licence scheme, the Tribunal may, of its own motion or on the application of a party to any of the references, direct that some or all of the references be considered together and may give such consequential directions as the Tribunal considers necessary.

(3) Before giving a direction under either of the last two preceding subregulations, the Tribunal shall give each party to each of the application or references concerned an opportunity of presenting a case.

36A Directions as to procedure (1) For the purposes of section 164 of the Act:

(a) if the Tribunal has not commenced hearing a matter, the President may: (i) give directions; or

(ii) authorise a member to give directions; as to the procedure to be followed in connection with the hearing of the matter before the Tribunal; or

(b) if the Tribunal has commenced hearing a matter: (i) the member presiding; or

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Copyright Tribunal (Procedure) Regulations 1969 55

(ii) any other member authorised by the member presiding;

may give directions as to the procedure to be followed in connection with the hearing of the matter before the Tribunal.

(2) A direction or authorisation given under subregulation (1) may be varied or revoked at any time by the member entitled under this regulation to give it.

(3) A direction or authorisation by the President under subregulation (1) may: (a) be of general application ; or (b) relate to the hearing of:

(i) a particular matter; or (ii) a matter included in a particular class of matters.

37 Request as to constitution of Tribunal (1) A request under paragraph (b) of subsection (3) of section 146

of the Act by a party to an application or reference that the Tribunal be constituted by more than one member for the purposes of that application or reference shall: (a) be in writing addressed to the Registrar; (b) specify the date on which the application or reference was

filed with the Registrar and the relevant file number; (c) state the name of the party making the request; (d) be signed by or on behalf of that party; and (e) be filed with the Registrar before the Tribunal begins to

consider the application or reference.

(2) The party making the request shall cause a sealed copy of the request to be served, within seven days after the request is filed with the Registrar, on every other party to the application or reference.

37A Registrar may request further copies of documents (1) If the Tribunal that is to hear an application is to comprise

more than 1 member, the Registrar may require a party to the

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56 Copyright Tribunal (Procedure) Regulations 1969

application to provide the Registrar with a stated number of further copies of all or any specified documents previously filed by the party in relation to the application.

(2) A requirement under subregulation (1) is in addition to the requirements set out in regulation 7.

38 Withdrawal of application (1) A person who has made an application to the Tribunal may,

with the leave of the Tribunal, withdraw the application at any time before the Tribunal has determined the application.

(2) The leave of the Tribunal under the last preceding subregulation may be granted unconditionally or subject to such conditions as the Tribunal thinks reasonable.

(3) Where the Tribunal has granted leave for the withdrawal of an application, the withdrawal shall be effected by: (a) the filing with the Registrar of a notice in writing:

(i) addressed to the Registrar; (ii) specifying the date on which the application was

made and the relevant file number; (iii) stating that the person who made the application

withdraws the application; and (iv) signed by or on behalf of that person; and

(b) the serving of a sealed copy of the notice on every party to the application.

39 Withdrawal of reference licence scheme The withdrawal under subsection (6) of section 154 of the Act, or subsection (7) of section 155 of the Act (including that subsection as having effect by reason of subsection (5) of section 156 of the Act), of a reference of a licence scheme shall be effected by: (a) the filing with the Registrar of a notice in writing:

(i) addressed to the Registrar; (ii) specifying the date on which the scheme was

referred and the relevant file number;

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(iii) stating that the person who referred the scheme withdraws the reference; and

(iv) signed by or on behalf of that person; and (b) the serving of a sealed copy of the notice on every party to

the reference.

40 Request for reference of question of law to Federal Court

(1) For the purposes of subsection (1) of section 161 of the Act, a request to the Tribunal for the reference of a question of law in a proceeding to the Federal Court of Australia shall: (a) be in writing addressed to the Registrar; (b) state the name of the party making the request; (c) specify the question of law; (d) request the Tribunal to refer that question to the Federal

Court of Australia; (e) be signed by or on behalf of the party making the request;

and (f) be filed with the Registrar.

(2) The party making the request shall cause notice of the making of the request, together with a sealed copy of the request, to be served on every other party to the proceedings: (a) in the case where the hearing of the proceeding to which

the request relates, has not commenced or has been adjourned — within 7 days after the filing of the request with the Registrar but not later than the date fixed for the commencement of the hearing or to which the hearing has been adjourned; or

(b) in any other case — within 7 days after the filing of the request with the Registrar.

(3) For the purposes of the last preceding subregulation, a notice of the making of a request: (a) shall be in writing addressed to the party on whom it is

served; and

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58 Copyright Tribunal (Procedure) Regulations 1969

(b) shall inform that party that he may, within twenty-one days after service of the notice, present a case in writing to the Tribunal in relation to the request.

(4) The party making the request may within twenty-one days after the request is filed with the Registrar, and every other party to the proceeding may within twenty-one days after service on that party of the notice of the making of the request, present a case in writing to the Tribunal in relation to the request and the Tribunal may, if it thinks fit, give to each of those parties an opportunity of presenting a case orally to the Tribunal.

(5) The Registrar shall cause notice of the decision of the Tribunal on the request to be served on the party that made the request and on every other party that presented a case to the Tribunal in relation to the request or notified the Tribunal that the party wished to be informed of the decision.

40A Fixing of a new date for hearing or further hearing where a party makes a request under subsection 161 (1) of the Act

(1) Where a party makes a request under subsection 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 Registrar shall cause notice of the date fixed by the President under subregulation (1) to be served on the parties to the proceeding.

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

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40C Prescribed period for purposes of subsection 161 (3) of the Act For the purposes of subsection 161 (3) of the Act, the prescribed period is 28 days from the date on which the Tribunal refuses the request for a reference.

40D Adjournment pending decision of Federal Court Where the Tribunal refers a question of law arising in proceedings before it for determination by the Federal Court of Australia under subsection 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.

41 Suspension of orders of Tribunal pending reference of question of law to Federal Court

(1) Where, after the date on which the Tribunal has given its decision in a proceeding, the Tribunal refers to the Federal Court of Australia a question of law that arose in the course of the proceeding, the Tribunal may, if it thinks fit, suspend the operation of any order made by the Tribunal in the proceeding.

(2) Where an order of the Tribunal is so suspended, the Registrar shall cause notice in writing of the suspension to be served on every party to the proceeding and, if particulars of the order have been published in pursuance of a direction under subregulation (4) of regulation 15 of these Regulations, shall cause particulars of the suspension to be published in such newspaper or newspapers circulating in Australia as the President directs.

42 Proceedings before Tribunal after determination of question of law by Federal Court

(1) Where a question of law arising in a proceeding has been referred to, and determined by, the Federal Court of Australia in pursuance of section 161 of the Act, any party to the

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60 Copyright Tribunal (Procedure) Regulations 1969

proceeding before the Court may file with the Registrar an office copy of the order of the Court.

(2) Subject to the next succeeding subregulation, when a copy of the order of the Federal Court of Australia has been filed in pursuance of the last preceding subregulation, the President shall fix a time and place for the resumption of the hearing of the proceeding and the Registrar shall cause notice of the time and place so fixed to be served on the parties to the proceeding.

(3) The last preceding subregulation does not apply where the question of law was referred to the Federal Court of Australia after the Tribunal had given its decision in the proceeding and that decision is consistent with the determination of the Federal Court of Australia.

43 Amendment of documents (1) The Tribunal may grant leave to a party to a proceeding to

amend a document previously filed with the Registrar by that party in connexion with that proceeding.

(2) The leave of the Tribunal under the last preceding subregulation may be granted unconditionally or subject to such conditions as the Tribunal thinks reasonable.

(3) Where leave is granted to a party to a proceeding to amend a document, the party shall file with the Registrar a statement of the amendments and, upon the filing of the statement, the amendments shall be deemed to be made.

(4) The party filing the statement shall cause a sealed copy of the statement to be served on every other party to the proceeding within seven day after the statement is filed.

(5) Nothing in this regulation prevents a person filing a notice specifying a new address for service in accordance with regulation 11 of these Regulations.

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Regulation 47

Copyright Tribunal (Procedure) Regulations 1969 61

Part VI Miscellaneous

44 Summons to witness or produce documents (1) A summons to a witness under subsection 167 (2) of the Act

must be substantially in accordance with Form 2 in Schedule 1.

(2) A summons to produce specified documents or articles under subsection 167 (3) of the Act must be substantially in accordance with Form 3 in Schedule 1.

(3) A summons under subsection 167 (2) or (3) of the Act must be served on a person by: (a) delivering a copy of the summons to the person

personally; and (b) showing the summons to the person at the time at which

the copy is delivered to him or her.

45 Extension of time The Tribunal or the President may, whether before or after the expiration of the time prescribed or allowed by or under these Regulations for the filing of a document with the Registrar, the serving of a document on a person or the doing of any other act, extend that time for such period or periods, and subject to such conditions, as the Tribunal or the President thinks fit.

46 Fees The fees specified in Schedule 2 to these Regulations are payable in respect of the matters in relation to which they are so specified.

47 Payment of witnesses’ fees and expenses Where a witness: (a) attends to give evidence in a proceeding; (b) attends to give evidence and produce documents or articles

in a proceeding; or

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62 Copyright Tribunal (Procedure) Regulations 1969

(c) attends to produce documents or articles in a proceeding; in accordance with a summons, or at the request of a party to the proceeding or of the Tribunal, payment of fees and expenses to the witness shall be made by the person on whose behalf the witness is summoned or at whose request the witness attends or, if the witness is summoned or requested to attend on behalf of the Tribunal, by the Commonwealth.

48 Power to waive procedural requirements and effect of non-compliance

(1) Subject to the Act, the Tribunal may, in relation to any proceeding, in special circumstances, and either absolutely or subject to conditions, exempt a person from compliance with any procedural requirements of these Regulations.

(2) Subject to the Act, non-compliance with any of these Regulations does not render void a proceeding or an order of the Tribunal, but the proceeding or order may be set aside either wholly or in part as irregular, or amended, or otherwise dealt with, by the Tribunal in such manner and upon such terms as the Tribunal thinks fit.

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Forms Schedule 1 Title of proceeding Form 1

Copyright Tribunal (Procedure) Regulations 1969 63

Schedule 1 Forms (regulations 9 and 44)

Form 1 Title of proceeding

Commonwealth of Australia

Copyright Act 1968

In the Copyright Tribunal of Australia File No. Application [or Reference] by

or Re Application [or Reference] by

or Re Inquiry into

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64 Copyright Tribunal (Procedure) Regulations 1969

Form 2 Summons to witness

(Title)

To: [name and address of witness]

You are summoned to attend before the Copyright Tribunal of Australia at [name of place] on [day/month/year], at *am/*pm and on any other days as required until the hearing of proceedings in relation to the *application/*reference/*inquiry is completed or you are released from further attendance.

2. You are required to attend before the Tribunal to give evidence in the proceedings.

#3. You are required to bring with you and produce the following documents or articles or documents and articles: [here set out the documents and articles required]

Dated .

President [or Deputy President or Member or the Registrar] of the Copyright Tribunal of Australia

*omit, if applicable #insert, if applicable

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Copyright Tribunal (Procedure) Regulations 1969 65

Form 3 Summons to produce documents (Title)

To: [name and address of witness]

1. You are summoned to produce to the Copyright Tribunal of Australia the following documents or articles or documents and articles: [here set out the documents and articles required]

2. You are required to produce the documents or articles or documents and articles to [specified person] at [specified time and specified place]

Dated .

President [or Deputy President or Member or the Registrar] of the Copyright Tribunal of Australia

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Schedule 2 Fees

66 Copyright Tribunal (Procedure) Regulations 1969

Schedule 2 Fees (regulation 46)

Item Matter Fee

$ 1 For a photographic copy of a document —

(a) for one page (b) for each additional page

0.80 0.20

2 For a copy of the reasons for an order made by the Tribunal — (a) for one page (b) for each additional page

0.80 0.20

Federal Register of Legislative Instruments F2010C00753

Notes to the Copyright Tribunal (Procedure) Regulations 1969

Table of Instruments

Copyright Tribunal (Procedure) Regulations 1969 67

Notes to the Copyright Tribunal (Procedure) Regulations 1969 Note 1 The Copyright Tribunal (Procedure) Regulations 1969 (in force under the Copyright Act 1968) as shown in this compilation comprise Statutory Rules 1969 No. 59 amended as indicated in the Tables below.

Table of Instruments

Year and number Date of notification in Gazette or FRLI registration

Date of commencement

Application, saving or transitional provisions

1969 No. 59 28 Apr 1969 1 May 1969 (see r. 2 and Gazette 1969, p. 2543)

1974 No. 186 15 Oct 1974 15 Oct 1974 — 1983 No. 125 5 Aug 1983 5 Aug 1983 — 1987 No. 35 12 Mar 1987 12 Mar 1987 — 1992 No. 166 25 June 1992 25 June 1992 — 1998 No. 357 22 Dec 1998 22 Dec 1998 — 2001 No. 9 13 Feb 2001 4 Mar 2001 (see r 2) — 2004 No. 363 23 Dec 2004 Rr. 1-3 and Schedule 1:

1 Jan 2005 Remainder: 1 Jan 2005 (see r. 2)

—

2010 No. 250 29 Oct 2010 (see F2010L02832)

30 Oct 2010 —

Federal Register of Legislative Instruments F2010C00753

Notes to the Copyright Tribunal (Procedure) Regulations 1969

Table of Amendments

68 Copyright Tribunal (Procedure) Regulations 1969

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

Part I R. 1 ..................................... rs. 1998 No. 357 R. 3 ..................................... rep. 1998 No. 357 R. 4 ..................................... am. 2010 No. 250 Part II R. 5 ..................................... am. 2010 No. 250 Heading to r. 6 .................... rs. 2010 No. 250 R. 6 ..................................... am. 2010 No. 250 R. 7 ..................................... am. 1992 No. 166; 2010 No. 250 R. 8 ..................................... am. 2010 No. 250 R. 9 ..................................... am. 2001 No. 9; 2010 No. 250 R. 10 ................................... am. 2010 No. 250 R. 11 ................................... am. 2010 No. 250 R. 12 ................................... am. 2010 No. 250 R. 14 ................................... am. 2010 No. 250 R. 15 ................................... am. 1983 No. 125; 2010 No. 250 Part III (r. 16)....................... rep. 1998 No. 357 R. 16 ................................... rep. 1998 No. 357 Part IV R. 17 ................................... am. 2010 No. 250 R. 18 ................................... am. 1983 No. 125; 1992 No. 166; 2001 No. 9; 2010

No. 250 R. 18A................................. ad. 2010 No. 250 R. 19A................................. ad. 1983 No. 125

rs. 1992 No. 166 R. 19B................................. ad. 1983 No. 125

rep. 1992 No. 166 R. 23A................................. ad. 1992 No. 166

am. 1998 No. 357; 2001 No. 9 R. 23B................................. ad. 1992 No. 166

am. 1998 No. 357; 2001 No. 9; 2010 No. 250 R. 23C................................. ad. 1992 No. 166

am. 1998 No. 357; 2001 No. 9 R. 23CA .............................. ad. 2001 No. 9 R. 23CB .............................. ad. 2001 No. 9 R. 23CC .............................. ad. 2010 No. 250 R. 23CD .............................. ad. 2010 No. 250

Federal Register of Legislative Instruments F2010C00753

Notes to the Copyright Tribunal (Procedure) Regulations 1969

Table of Amendments

Copyright Tribunal (Procedure) Regulations 1969 69

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

R. 23CE .............................. ad. 2010 No. 250 R. 23CF .............................. ad. 2010 No. 250 R. 23CG.............................. ad. 2010 No. 250 R. 23D................................. ad. 1992 No. 166 R. 23E................................. ad. 1992 No. 166

am. 2010 No. 250 R. 23F ................................. ad. 1992 No. 166 R. 23G ................................ ad. 2001 No. 9 R. 23H................................. ad. 2001 No. 9 R. 23J ................................. ad. 2001 No. 9 R. 23JA ............................... ad. 2010 No. 250 R. 23JB ............................... ad. 2010 No. 250 R. 23K................................. ad. 2001 No. 9 R. 23L ................................. ad. 2001 No. 9 R. 25A................................. ad. 1992 No. 166 R. 25B................................. ad. 1992 No. 166 R. 25C................................. ad. 1992 No. 166

rep. 1998 No. 357 ad. 2010 No. 250

R. 25D................................. ad. 2010 No. 250 R. 25E................................. ad. 2010 No. 250 R. 26 ................................... am. 2010 No. 250 R. 27 ................................... am. 2010 No. 250 R. 28 ................................... am. 2010 No. 250 R. 29 ................................... am. 2010 No. 250 R. 30 ................................... am. 2010 No. 250 R. 31 ................................... am. 2010 No. 250 R. 32 ................................... am. 2010 No. 250 R. 33 ................................... am. 2010 No. 250 Rr. 33A, 33B ....................... ad. 1983 No. 125

rep. 1992 No. 166 R. 33C................................. ad. 1983 No. 125 R. 33D................................. ad. 2004 No. 363 R. 33E................................. ad. 2004 No. 363 R. 34 ................................... am. 1992 No. 166; 1998 No. 357; 2010 No. 250 R. 35 ................................... am. 2010 No. 250 Part V R. 36A................................. ad. 1992 No. 166 R. 37 ................................... am. 2010 No. 250

Federal Register of Legislative Instruments F2010C00753

Notes to the Copyright Tribunal (Procedure) Regulations 1969

Table of Amendments

70 Copyright Tribunal (Procedure) Regulations 1969

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

Heading to r. 37A................ rs. 2010 No. 250 R. 37A................................. ad. 1992 No. 166

am. 2010 No. 250 R. 38 ................................... am. 2010 No. 250 R. 39 ................................... am. 2010 No. 250 R. 40 ................................... am. 1983 No. 125; 2010 No. 250 R. 40A................................. ad. 1983 No. 125

am. 2010 No. 250 R. 40B................................. ad. 1983 No. 125 R. 40C................................. ad. 1983 No. 125 R. 40D................................. ad. 1983 No. 125 R. 41 ................................... am. 1983 No. 125; 2010 No. 250 R. 42 ................................... am. 1983 No. 125; 2010 No. 250 R. 43 ................................... am. 2010 No. 250 Part VI R. 44 ................................... am. 2001 No. 9

rs. 2010 No. 250 R. 45 ................................... am. 2010 No. 250 R. 46 ................................... am. 2001 No. 9 R. 47 ................................... rs. 1987 No. 35 Schedule 1 Heading to ..........................

The Schedules rep. 2001 No. 9

Heading to .......................... First Schedule

rep. 2001 No. 9

Heading to .......................... Schedule 1

ad. 2001 No. 9

Schedule 1 .......................... (formerly First Schedule)

am. 1998 No. 357; 2001 No. 9

Form 1............................. 1969 No. 59 am. 2010 No. 250

Form 2............................. 1969 No. 59 am. 1998 No. 357 rs. 2001 No. 9 am. 2010 No. 250

Form 3............................. ad. 2010 No. 250 Heading to ..........................

Second Schedule rep. 2001 No. 9

Heading to Schedule 2........ ad. 2001 No. 9 Schedule 2..........................

(formerly Second Schedule)

am. 1974 No. 186 rs. 1983 No. 125

Federal Register of Legislative Instruments F2010C00753

Notes to the Copyright Tribunal (Procedure) Regulations 1969

Table of Amendments

Copyright Tribunal (Procedure) Regulations 1969 71

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

Third Schedule.................... am. 1983 No. 125 rep. 1987 No. 35

Federal Register of Legislative Instruments F2010C00753