Commonwealth Numbered Acts

COPYRIGHT AMENDMENT ACT (NO. 1) 1998 NO. 104, 1998 - SCHEDULE 7--Copyright

Copyright Act 1968

1 Subsection 136(1)

Insert:

Deputy President means a Deputy President of the Tribunal.

2 Subsection 136(1) (definition of member )

Omit "the Deputy President", substitute "a Deputy President".

3 Subsection 136(1) (definition of party )

Repeal the definition.

4 Subsection 136(1) (definition of proceeding )

Repeal the definition.

5 Subsection 136(1) (definition of the Deputy President )

Repeal the definition.

6 Section 138

Omit ", a Deputy President and such", substitute "and such number of Deputy Presidents and".

7 Subsection 140(1)

Omit "or as the Deputy President".

8 After subsection 140(1)

Insert:

(1A) A person is not to be appointed as a Deputy President unless he or she is, or has been, a Judge of a federal court or of the Supreme Court of a State or Territory.

9 Subsection 140(2)

Omit "the Deputy President", substitute "a Deputy President".

10 Subsection 141(2)

Omit "or the Deputy President".

11 After section 141

Insert:

SECT 141A Seniority of Deputy Presidents (1) The Deputy Presidents have seniority as Deputy Presidents according to the dates of their first appointment to the Tribunal, or, if 2 or more Deputy Presidents were appointed on the same day, according to the precedence assigned to them in their instruments of appointment.

(2) At any time when only one person is holding office as a Deputy President, any reference in this Part to `the senior Deputy President' is to be taken to be a reference to the Deputy President.

12 Section 142

Repeal the section, substitute:

SECT 142 Acting President The Governor-General may appoint the senior Deputy President available to act in the office of President:

(a) during a vacancy in that office; or

(b) during any period when the person holding that office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of that office.

Omit "the Deputy President shall preside", substitute "the senior Deputy President who is present is to preside".

14 Subsection 146(5)

Omit "Deputy President", substitute "senior Deputy President who is present".

15 Subsection 146(8)

Omit "the Deputy President", substitute "a Deputy President".

16 Subsection 167(2)

After "member", insert "or the Secretary to the Tribunal".