Commonwealth Numbered Regulations

1992 No. 166 COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS (AMENDMENT) - REG 6

6.1 After regulation 23, insert: Matters to be included in application under
subsection 135H (1) of the Act

"23A. An application to the Tribunal under subsection 135H (1) of the Act
must:

   (a)  set out the circumstances or events giving rise to the application;
        and

   (b)  state whether the applicant is an administering body or the collecting
        society; and

   (c)  if the applicant is an administering body:

        (i)    state the institutions it administers; and

        (ii)   state the classes of students of institutions it administers;
               and

   (d)  if the applicant is the collecting society:

        (i)    give particulars of the notice relating to it published in the
               Gazette under section 135p of the Act; and

        (ii)   state the name of the administering body; and

   (e)  identify the classes of works, sound recordings or cinematograph films
        included in the broadcasts; and

   (f)  ask the Tribunal to determine an amount per copy that is equitable
        remuneration for the making of copies of the broadcasts.
(NOTE: In this regulation, "administering body" and "collecting society" have
the same meaning as in Part VA of the Act.) Matters to be included in
application under subsection 135J (1) of the Act

"23B. An application to the Tribunal under subsection 135J (1) of the Act
must:

   (a)  set out the circumstances or events giving rise to the application;
        and

   (b)  state whether the applicant is an administering body or the collecting
        society; and

   (c)  if the applicant is an administering body;

        (i)    state the institutions it administers; and

        (ii)   state the classes of students of institutions it administers;
               and

   (d)  if the applicant is the collecting society:

        (i)    give particulars of the notice relating to it published in the
               Gazette under section 135P of the Act; and

        (ii)   state the name of the administering body; and

   (e)  give particulars of:

        (i)    the extent to which copies of broadcasts are made by, or on
               behalf of, the administering body in a particular period; and

        (ii)   other matters (if any); assessed by use of a sampling system
               under subsection 135J (3) of the Act; and

   (f)  ask the Tribunal to determine the annual amount per student of the
        institution concerned that is equitable remuneration for the making of
        copies of broadcasts.
(NOTE: In this regulation, "administering body" and "collecting society" have
the same meaning as in Part VA of the Act.) Matters to be included in
application under subsection 135J (3) of the Act

"23C. An application to the Tribunal under subsection 135J (3) of the Act
must:

   (a)  set out the circumstances or events giving rise to the

   (b)  state whether the applicant is an administering body or the collecting
        society; and

   (c)  if the applicant is an administering body-state the name of the
        collecting society; and

   (d)  if the applicant is the collecting society:

        (i)    give particulars of the notice relating to it published in the
               Gazette under section 135P of the Act; and

        (ii)   state the name of the administering body; and

   (e)  give particulars of:

        (i)    the extent of copying of broadcasts; and

        (ii)   other matters (if any); that it is proposed should be assessed
               by use of a sampling system; and

   (f)  ask the Tribunal to determine a sampling system to be used to assess:

        (i)    the extent to which copies of the broadcasts are made by, or on
               behalf of, the administering body in a particular period; and

        (ii)   any other matters that are necessary or convenient to be
               assessed by use of the sampling system.
(NOTE: In this regulation, "administering body" and "collecting society" have
the same meaning as in Part VA of the Act.) Matters to be included in
application under subsection 135ZV (1) of the Act

"23D. An application to the Tribunal under subsection 135ZV (1) of the Act
must:

   (a)  set out the circumstances or events giving rise to the application;
        and

   (b)  state whether the applicant is an administering body or a collecting
        society; and

   (c)  if the applicant is an administering body:

        (i)    state the name of the relevant collecting society; and

        (ii)   state the institutions administered by the administering body;
               and

        (iii)  state the classes of students of institutions it administers;
               and

   (d)  if the applicant is a collecting society:

        (i)    give particulars of the notice relating to it published in the
               Gazette under section 135ZZB of the Act including (if
               applicable) details of the classes of relevant copyright owners
               specified in the notice; and

        (ii)   state the name of the administering body; and

   (e)  ask the Tribunal to determine the amount per licensed copy that is
        equitable remuneration for the making of the licensed copies.
(NOTE: In this regulation, "administering body", "collecting society",

"licensed copy" and "relevant copyright owner" have the same meaning as in
Part VB of the Act.) Matters to be included in application under subsection
135ZW (1) of the Act

"23E. An application to the Tribunal under subsection 135ZW (1) of the Act
must:

   (a)  set out the circumstances or events giving rise to the application;
        and

   (b)  state whether the applicant is an administering body or a collecting
        society; and

   (c)  if the applicant is an administering body:

        (i)    state the name of the relevant collecting society; and

        (ii)   state the institutions administered by the administering body;
               and

        (iii)  state the classes of students of institutions it administers;
               and

   (d)  give particulars of:

        (i)    the number of licensed copies made by, or on behalf of, the
               administering body in a particular period; and

        (ii)   other matters (if any); assessed by use of a sampling system
               under subsection 135ZW (3) of the Act; and

   (e)  if the applicant is a collecting society:

        (i)    give particulars of the notice relating to it published in the
               Gazette under section 135ZZB of the Act including (if
               applicable) details of the classes of relevant copyright owners
               specified in the notice; and

        (ii)   state the name of the administering body; and

   (f)  ask the Tribunal to determine the annual amount per student of the
        institution concerned that is equitable remuneration for the making of
        licensed copies.
(NOTE: In this regulation, "administering body", "collecting society",

"licensed copy" and "relevant copyright owner" have the same meaning as in
Part VB of the Act.) Matters to be included in application under subsection
135ZW (3) of the Act

"23F. An application to the Tribunal under subsection 135ZW (3) of the Act
must:

   (a)  set out the circumstances or events giving rise to the application;
        and

   (b)  state whether the applicant is an administering body or a collecting
        society; and

   (c)  if the applicant is an administering body-state the name of the
        collecting society; and

   (d)  if the applicant is a collecting society:

        (i)    give particulars of the notice relating to it published in the
               Gazette under section 135ZZB of the Act including (if
               applicable) details of the classes of relevant copyright owners
               specified in the notice; and

        (ii)   state the name of the administering body; and

   (e)  give particulars of the matters that it is proposed should be assessed
        by use of a sampling system; and

   (f)  ask the Tribunal to determine a sampling system to be used to assess:

        (i)    the number of licensed copies made by, or on behalf of, the
               administering body in a particular period; and

        (ii)   any other matters that are necessary or convenient to be
               assessed by use of the sampling system.". (NOTE: In this
               regulation, "administering body", "collecting society",
               "licensed copy" and "relevant copyright owner" have the same
               meaning as in Part VB of the Act.)