Commonwealth Consolidated Acts

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  (1)   In this Part, unless the contrary intention appears:

"Deputy President" means a Deputy President of the Tribunal.

"Judge" means:

  (a)   a Judge of a federal court or of the Supreme Court of a State or Territory; or

  (b)   a person who has the same designation and status as a Judge of a federal court.

"licence" means a licence granted by or on behalf of the owner or prospective owner of the copyright in a work or other subject - matter to do an act comprised in the copyright.

"licence scheme" means a scheme (including anything in the nature of a scheme, whether called a scheme or tariff or called by any other name) formulated by a licensor or licensors and setting out the classes of cases in which the licensor or each of the licensors is willing, or the persons on whose behalf the licensor or each of the licensors acts are willing, to grant licences and the charges (if any) subject to payment of which, and the conditions subject to which, licences would be granted in those classes of cases.

"licensor" means a body corporate for which both the following conditions are met:

  (a)   the body is incorporated under a law in force in a State or Territory relating to companies;

  (b)   the body's constitution:

  (i)   entitles any owner of copyright, or any owner of copyright of a specified kind, to become a member of the body; and

  (ii)   requires the body to protect the interests of its members connected with copyright; and

  (iii)   provides that the main business of the body is granting licences; and

  (iv)   requires the body to distribute to its members the proceeds (after deduction of the body's administrative expenses) from payments to the body for licences; and

  (v)   prevents the body from paying dividends.

"member" means a member of the Tribunal, and includes the President and a Deputy President.

"order" includes an interim order.

"organization" means an organization or association of persons whether corporate or unincorporate.

"the President" means the President of the Tribunal.

  (2)   In this Part:

  (a)   a reference to conditions is a reference to any conditions other than conditions relating to the payment of a charge;

  (b)   a reference to giving an opportunity to a person or organization of presenting a case is a reference to giving the person or organization an opportunity, at the option of the person or organization, of submitting representations in writing, or of being heard, or of submitting representations in writing and being heard;

  (c)   a reference to a person who requires a licence of a particular kind includes a reference to a person who holds a licence of that kind if the person will, at the expiration of the period for which the licence was granted, require a renewal of that licence or a grant of a further licence of the same kind; and

  (d)   a reference to proceedings for infringement of copyright includes a reference to a prosecution of an offence against Subdivision D of Division   5 of Part   V.

  (3)   For the purposes of this Part, a person shall not be taken not to require a licence to cause a sound recording to be heard in public by reason only of the operation of section   108.

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