—(1) Where a licensor proposes to bring a licence scheme into operation, he may refer the scheme to a Tribunal.
(2) The parties to a reference under this section are —
the licensor referring the scheme; and
such organisations or persons (if any) as apply to the Tribunal to be made parties to the reference and, in accordance with subsection (3), are made parties to the reference.
(3) Where an organisation (whether claiming to be representative of persons requiring licences or not) or a person (whether requiring a licence or not) applies to a Tribunal to be made a party to a reference, and the Tribunal is satisfied that the organisation or person has a substantial interest in the operation of the scheme to which the reference relates, the Tribunal may, if it thinks fit, make that organisation or person a party to the reference.
(4) A Tribunal shall consider a scheme referred under this section and, after giving to the parties to the reference an opportunity of presenting their cases, shall make such order, either confirming or varying the scheme, or substituting the scheme with such other scheme, as the Tribunal considers reasonable in the circumstances.
(5) An order (other than an interim order) of a Tribunal under this section may, notwithstanding anything in the licence scheme to which it relates, be made so as to be in force either indefinitely or for such period as the Tribunal thinks fit.
(6) Where a licence scheme has been referred to a Tribunal under this section, the licensor may do either or both of the following things:
bring the scheme into operation before the Tribunal makes an order in pursuance of the reference;
withdraw the reference at any time before the Tribunal makes an order in pursuance of the reference, whether the scheme has been brought into operation or not.
(7) If the scheme is not brought into operation before an order is made in pursuance of the reference, the scheme as confirmed, varied or substituted by the order comes into operation, notwithstanding anything in the scheme, immediately upon the making of the order.
(8) After the making of an order in pursuance of the reference, the scheme as confirmed, varied or substituted by the order shall remain in operation, notwithstanding anything in the scheme, so long as the order remains in force.
[Aust. 1968, s. 154]