Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to an application or referral to the Tribunal mentioned in column 1 of an item of the table in subsection (4).
(2) The parties to the application or referral are the parties mentioned in column 2 of the item.
(3) The Tribunal must:
(a) consider the application or referral; and
(b) give the parties the opportunity to present their cases; and
(c) comply with column 3 of the item.
(4) This is the table:
Applications and referrals relating to licensed copying and communicating | |||
Item | Column 1 Application or referral | Column 2 Parties | Column 3 The Tribunal must ... |
1 | an application made under paragraph 113P(4)(b) or 113S(4)(b) to determine a question | (a) the relevant collecting society; and (b) the body administering the relevant educational institution | having regard to any matters prescribed by the regulations, determine the relevant question under subsection 113P(4) or 113S(4). |
2 | an application made under paragraph 113R(2)(b) to determine an amount of equitable remuneration | (a) the relevant collecting society; and (b) the body administering the relevant educational institution | having regard to any matters prescribed by the regulations, determine the amount of equitable remuneration under subsection 113R(2). |
3 | a referral under paragraph 113V(2)(c) of an application by a body (the applicant ) to be declared to be a collecting society | (a) the applicant; and (b) any person made a party under subsection (5) of this section | (a) declare the applicant to be a collecting society under subsection 113V(3); or (b) refuse to declare the applicant to be a collecting society. |
4 | a referral under paragraph 113X(2)(b) of the question whether a declaration of a body to be a collecting society should be revoked | (a) the Minister; and (b) the body; and (c) any person made a party under subsection (5) of this section | (a) revoke the declaration under subsection 113X(3); or (b) refuse to revoke the declaration. |
5 | an application under subsection 113ZB(1) for review of the arrangement adopted, or proposed to be adopted, by a collecting society for distributing amounts it collects in a period | (a) the applicant for the review; and (b) the collecting society (if it is not the applicant); and (c) any member or organization made a party under subsection (5) of this section | make an order under subsection 113ZB(2). |
(5) For the purposes of column 2 of item 3, 4 or 5 of the table, the Tribunal may make the following person or organization a party to the referral or application if the person or organization asks to be made a party:
(a) in the case of item 3 or 4--a person the Tribunal thinks has a sufficient interest in the matter;
(b) in the case of item 5--a person or organization that:
(i) the Tribunal thinks has a substantial interest in the arrangement; and
(ii) is a member of the collecting society, or is an organization that claims to be representative of members of the collecting society.