—(1) In this Part, unless the contrary intention appears —
in relation to a literary, dramatic or musical work, means a licence granted by or on behalf of the owner or prospective owner of the copyright in the work to perform the work or an adaptation of the work in public, to broadcast the work or an adaptation of the work, to make a sound recording or cinematograph film of the work or an adaptation of the work for the purpose of broadcasting the work or adaptation or including it in a cable programme service; or
in relation to a computer program or sound recording, means a licence granted by or on behalf of the owner or prospective owner of the copyright in the program or recording to enter a commercial rental arrangement in respect of the program or recording;
“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 the owner or prospective owner of the copyright in the work or any body of persons (whether corporate or unincorporate) acting as agent for the owner or prospective owner in relation to the negotiation or granting of such licences;
“member” means a member of the Tribunal, and includes the President of the Tribunal;
“order” includes an interim order;
“organisation” means an organisation or association of persons whether corporate or unincorporate;
“party” includes a person or organisation making representations to the Tribunal at an inquiry under section 157;
“proceeding”, in relation to the Tribunal, includes an inquiry by the Tribunal under section 157.
(2) In this Part —
a reference to conditions is a reference to any conditions other than conditions relating to the payment of a charge;
a reference to giving an opportunity to a person or organisation of presenting a case is a reference to giving the person or organisation an opportunity, at the option of the person or organisation, of submitting representations in writing, or of being heard, or of submitting representations in writing and being heard;
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
a reference to proceedings for infringement of copyright includes a reference to proceedings brought in respect of an alleged contravention of section 136(6).
[Aust. 1968, s. 136]
—(1) For the purposes of this Part, a case shall, subject to subsection (2), be deemed to be a case to which a licence scheme applies if, in accordance with a licence scheme for the time being in operation, a licence would be granted in that case.
(2) For the purposes of this Part, where, in accordance with a licence scheme —
the licences that would be granted would be subject to conditions by virtue of which particular matters would be excepted from the licences; and
a case relates to one or more matters falling within such an exception,
that case shall be deemed not to be a case to which the scheme applies.
[Aust. 1968, s. 137]