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Contents

Part I PRELIMINARY

Part II GENERAL PROVISIONS

Part III FILING OF DOCUMENTS

Part IV SERVICE OF DOCUMENTS

Part V RECORDS ROYALTY SYSTEM INQUIRY PROCEDURE

Part VI APPLICATIONS AND REFERENCES TO TRIBUNAL

Part VII ORDERS OF TRIBUNAL

Part VIII REFERENCES TO THE HIGH COURT

Part IX MISCELLANEOUS

FIRST SCHEDULE Fees

SECOND SCHEDULE Witnesses’ Fees and Expenses

Legislative History

 
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On 23/05/2013, you requested for the version in force on 23/05/2013 incorporating all amendments published on or before 23/05/2013. The closest version currently available is that of 31/05/2010.
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PART V
RECORDS ROYALTY SYSTEM INQUIRY PROCEDURE
Application
15.  This Part shall apply in relation to any inquiry by a Tribunal under section 157 of the Act.
Advertisement of intended inquiry by Tribunal into royalty payable in respect of records of works
16.
—(1)  The president or deputy president presiding over a Tribunal shall fix the time and place for the commencement of an inquiry by the Tribunal under section 157 of the Act.
(2)  The Secretary shall cause to be published in the Gazette and such newspaper or newspapers circulating in Singapore as the presiding president or deputy president directs, on such date or dates as the presiding president or deputy president specifies but not being less than 30 days or more than 3 months before the time fixed under paragraph (1), a notice —
(a)
stating that the Tribunal has been requested by the Minister charged with the responsibility for trade and industry to hold an inquiry under section 157 of the Act;
(b)
specifying the matter to which the inquiry relates, including whether the inquiry is to extend to records generally or to be confined to any class of records and, if the latter, giving a description of the class;
(c)
specifying the time and place at which the inquiry is to commence;
(d)
specifying the period, not being less than 10 days, within which the person who has a substantial interest in the matter to which the inquiry relates shall, if he wishes to present his case to the Tribunal in relation to the matter, so file a notice in Form 1 of his intention with the Secretary; and
(e)
stating that any notice referred to in sub-paragraph (d) must be accompanied by a statement of the nature of the evidence which the person giving the notice proposes to adduce and a list of the documents, if any, which the person proposes to produce or refer to, at the inquiry.
Amendments, further particulars, etc., and service of documents before inquiry
17.
—(1)  At any time before the time fixed for the commencement of the inquiry but not being more than 14 days after the expiration of the period referred to in regulation 16(2)(d), any person who has, in accordance with regulation 16(2), filed a notice with the Secretary may file with the Secretary a statement of further particulars of the nature of the evidence which the person wishes to produce or refer to at the inquiry.
(2)  Whenever requested by the Tribunal to do so, any person who has, in accordance with regulation 16(2), filed a notice with the Secretary shall, within such period as may be specified in such request, file with the Secretary —
(a)
such further particulars as the Tribunal may request of his statement of the nature of the evidence which he wishes to adduce at the inquiry;
(b)
such number of copies as the Tribunal may specify of any document which the person has filed with the Secretary in accordance with these Regulations; and
(c)
a copy of any document which the person wishes to produce or refer to at the inquiry.
(3)  The Secretary shall cause copies of any documents which have been filed with him by any party to the inquiry in accordance with this Part (other than paragraph (2)(c)) to be served on the other parties to the inquiry and any party to the inquiry shall take all reasonable steps to afford to any other party to the inquiry an opportunity to examine the documents specified in the list accompanying the notice filed by the first-mentioned party under regulation 16(2)(e), other than such documents as are readily available to that other party without recourse to the party in whose list the documents appear.
Right of audience at the inquiry
18.  Any person who has —
(a)
filed a notice with the Secretary of his wish to present his case to a Tribunal at the inquiry in accordance with regulation 16(2);
(b)
complied with any request made to him by the Tribunal under regulation 17(2); and
(c)
fulfilled the requirements of regulation 17(3),
and in relation to whom the Tribunal is satisfied has a substantial interest in the matter to which the inquiry relates shall, for the purposes of these Regulations, be deemed a party to the inquiry and shall be entitled to an opportunity to present his case to the Tribunal at the inquiry.
Procedure
19.
—(1)  The procedure at and in connection with the inquiry shall be such as the Tribunal shall in its discretion determine and any evidence shall be admitted at its discretion.
(2)  The parties to an inquiry under section 157 of the Act shall be entitled to give evidence and may call witnesses and produce or refer to documents and be given an opportunity to put questions directly to other persons giving evidence, except that no party shall, without the leave of the Tribunal, be entitled to produce or refer to any document not mentioned in the list of documents accompanying the notice filed with the Secretary by that party in accordance with regulation 16, or any amendment thereto, or in any addition to such list filed with the Secretary under regulation 17, unless such document is mentioned in any such list of documents, or any amendment thereto, filed with the Secretary by any other party or has been produced or referred to at the inquiry by any other party.
(3)  If any party to the inquiry fails to appear, the Tribunal may proceed with the inquiry in that party’s absence or may adjourn the inquiry until a later date.
(4)  Before concluding any inquiry in the absence of any party, the Tribunal shall consider any documents filed with the Secretary by such party in accordance with these Regulations if such documents have been disclosed to the other parties before or at the inquiry.
(5)  The Tribunal may, from time to time, adjourn the inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry, no further notice of the inquiry shall be required.