On 18/05/2013,
you requested for the version in force on 18/05/2013
incorporating all amendments published on or before 18/05/2013.
The closest version currently available is that of 28/03/2013.
149.
—(1) In this Part, unless the context otherwise requires —
“deputy president” means a deputy president of the Tribunals appointed by the Minister under section 151A(1)(b);
“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 and setting out the classes of cases in which the licensor is 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 any association, body or organisation (whether incorporated or unincorporated) which —
(a)
carries on the business of negotiating, granting or otherwise collectively administering licences in relation to a repertoire of works or other subject-matter by different authors, makers or publishers who are not affiliated with that association, body or organisation within the meaning of subsection (3); and
(b)
negotiates, grants or otherwise collectively administers such licences either as the owner or prospective owner of the copyrights in such works or other subject-matter or as the agent or representative of the owners or prospective owners of the copyrights in such works or other subject-matter;
“member” means a member of a Tribunal and includes the president or deputy president presiding over the Tribunal;
“order” includes an interim order;
“organisation” means an organisation or association of persons whether corporate or unincorporate;
“panel” means the panel appointed by the Minister under section 151A(4);
“party” includes a person or an organisation making representations to a Tribunal at an inquiry under section 157;
“president” means the president of the Tribunals appointed by the Minister under section 151A(1)(a);
“proceeding”, in relation to a Tribunal, includes an inquiry by the Tribunal under section 157.
(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 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;
(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 proceedings brought in respect of an alleged contravention of section 136(6).
[Aust. 1968, s. 136]
(3) For the purpose of the definition of “licensor” in subsection (1), the author, maker or publisher of any work or other subject-matter is affiliated with the association, body or organisation which carries on the business of negotiating, granting or otherwise collectively administering licences in relation to that work or other subject-matter if such author, maker or publisher produced or published that work or other subject-matter in the course of his employment with, or under a commission from —
(a)
that association, body or organisation; or
(b)
any other association, body or organisation which is related, in such manner as may be prescribed, to the first-mentioned association, body or organisation.
150.
—(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 —
(a)
the licences that would be granted would be subject to conditions by virtue of which particular matters would be excepted from the licences; and
(b)
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]