Commonwealth Numbered Acts

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT 20

20. After section 149 of the Principal Act the following section is inserted:
Applications to Tribunal for determination of remuneration payable to owner of
copyright for copies made under statutory licence



"149A. (1) This section applies where application is made to the Tribunal in
pursuance of sub-section 53B (11) or sub-section 53D (10) for the
determination of an equitable remuneration to be paid to the owner of the
copyright in a work for the making of copies or of a handicapped reader's
copy, as the case requires, of the whole or of a part of that work.



"(2) The parties to an application in relation to which this section applies
are-

   (a)  the owner of the copyright in a work; and

   (b)  the body by which, or on behalf of which, the copies or the
        handicapped reader's copy referred to in sub-section (1) were or was
        made.



"(3) Where an application in relation to which this section applies is made to
the Tribunal, the Tribunal shall consider the application and, after giving
the parties to the application opportunities of presenting their cases-

   (a)  shall make an order determining the amount that it considers to be
        equitable remuneration to the owner of the copyright for the making of
        the copies or of the handicapped reader's copy, as the case requires;
        and

   (b)  may, subject to the regulations, make such order as to costs as the
        Tribunal thinks fit.



"(4) Where the Tribunal makes, under sub-section (3), an order that one party
to an application pay an amount by way of costs to the other party to the
application, the first-mentioned party shall pay that amount to the other
party and, in default of payment, the first-mentioned party may recover that
amount from the other party in a court of competent jurisdiction as a debt due
to him.".