Commonwealth Numbered Regulations

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COPYRIGHT REGULATIONS 2017 (F2017L01649) - REG 96

Applications under subsection 157(4) of the Act

             (1)  This section applies to an application to the Tribunal under subsection 157(4) of the Act by an organization that claims:

                     (a)  that it is representative of persons requiring licences in cases to which a licence scheme does not apply; and

                     (b)  that a licensor:

                             (a)  has unreasonably refused or failed to grant, or procure the grant, of the licences; or

                             (b)  proposes that the licences should be granted subject to the payment of charges, or to conditions, that are unreasonable.

             (2)  The application must set out the circumstances or events giving rise to the application and, in particular, must:

                     (a)  specify the cases in which the licences are required; and

                     (b)  state the name of the licensor; and

                     (c)  in the case of a refusal or failure to grant, or procure the grant of, the licences--specify the dates or approximate dates on which the licensor was requested to grant, or procure the grant of, the licences; and

                     (d)  in the case of a proposal of unreasonable charges or conditions--specify those charges or conditions.

             (3)  The application must request the Tribunal to make:

                     (a)  an order that a licence be granted, in the terms proposed by the applicant, the licensor or another party to the application, to each person who:

                              (i)  is specified in the order (whether by reference to a class or otherwise); and

                             (ii)  was represented by the applicant or was a party to the application; or

                     (b)  an order stating the charges (if any) and the conditions that the Tribunal considers reasonable in the circumstances for the persons represented by the applicant.

             (4)  The licensor is a party to the application.



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