—(1) Where, at any time while a licence scheme is in operation, a dispute arises with respect to the terms of the scheme between the licensor operating the scheme and —
an organisation claiming to be representative of persons requiring licences in cases included in a class of cases to which the scheme applies; or
any person claiming that he requires a licence in a case included in a class of cases to which the scheme applies,
the licensor, organisation or person concerned may refer the scheme to a Tribunal insofar as the scheme relates to cases included in that class.
(2) The parties to a reference under this section are —
the licensor, organisation or person referring the scheme;
if the reference is not made by the licensor operating the scheme — that licensor; and
such other 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 matter in dispute, the Tribunal may, if it thinks fit, make that organisation or person a party to the reference.
(4) A Tribunal shall not begin to consider a reference under this section by an organisation unless the Tribunal is satisfied that the organisation is reasonably representative of the class of persons that it claims to represent.
(5) Subject to subsection (4), where a licence scheme is referred to a Tribunal under this section, the Tribunal shall consider the matter in dispute 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, insofar as it relates to cases included in the class of cases to which the reference relates, as the Tribunal considers reasonable in the circumstances.
(6) 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.
(7) A reference of a licence scheme to a Tribunal under this section may be withdrawn at any time before an order is made in pursuance of the reference.
(8) Where a licence scheme has been referred to a Tribunal under this section, the scheme shall remain in operation, notwithstanding anything in the scheme, until the Tribunal makes an order in pursuance of the reference.
(9) Subsection (8) shall not apply in relation to a reference with respect to any period after the reference has been withdrawn or after the Tribunal has refused to begin to consider the reference in pursuance of subsection (4).
(10) 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. 155]