Commonwealth Numbered Regulations

1992 No. 166 COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS (AMENDMENT) - REG 7

7.1 After regulation 25, insert: Matters prescribed for the purposes of
paragraph 153A (3) (b) of the Act

"25A. (1) For the purposes of paragraph 153A (3) (b) of the Act the following
matters are prescribed:

   (a)  the nature of the works, sound recordings or cinematograph films
        included in the broadcasts;

   (b)  the institutions for which the copies of the broadcasts are made;

   (c)  any matters that have been assessed by use of a sampling system
        determined under subsection 135ZJ (3) of the Act;

   (d)  the need to ensure adequate incentive for the production of
        educational works, educational sound recordings and educational
        cinematograph films in Australia;

   (e)  the purpose and character of the copying;

   (f)  the effect of the copying on the market for, or value of, the material
        included in the broadcasts;

   (g)  the special circumstances of external students including any
        difficulties faced by those students in meeting the requirements of
        section 103C of the Act;

   (h)  any unremunerated contribution by institutions to the creation of the
        material included in the broadcasts.

"(2) In subregulation (1), 'external student', in relation to an institution,
means a person undertaking a correspondence course or external study course
provided by the institution.
(NOTE: In this regulation, "institution" has the same meaning as in Part VA of
the Act.) Prescribed matters for the purposes of subsection 153C (3) of the
Act

"25B. (1) For the purposes of subsection 153C (3) of the Act the following
matters are prescribed:

   (a)  the nature of the works or eligible items other than works copied;

   (b)  the institutions for which the copies are made;

   (c)  any matters that have been assessed by use of a sampling system
        determined under subsection 135ZW (3) of the Act;

   (d)  the need to ensure adequate incentive for the production of
        educational works and eligible items other than works in Australia;

   (e)  the purpose and character of the copying;

   (f)  the effect of the copying on the market for, or value of, the material
        copied;

   (g)  the special circumstances of external students including any
        difficulties faced by those students in meeting the requirements of
        sections 41, 49 or 135ZG of the Act;

   (h)  any unremunerated contribution by institutions to the creation of the
        material copied.

"(2) In subregulation (1), 'external student', in relation to an institution,
means a person undertaking a correspondence course or external study course
provided by the institution.
(NOTE: In this regulation, "eligible item" and "institution" have the same
meaning as in Part VB of the Act.) Matters to be included in application under
subsection 153E (2) of the Act

"25C. An application to the Tribunal under subsection 153E (2) of the Act:

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

   (b)  must:

        (i)    state that the applicant is the collecting society, a relevant
               copyright owner or a vendor, as the case may be; or
ii) give particulars of the applicant's interest in the matter; and

   (c)  if the applicant is the collecting society-must give particulars of
        the notice relating to it published in the Gazette under section
        135ZZU of the Act; and

   (d)  must specify (if applicable):

        (i)    the date when the Tribunal last made an order under subsection
               153e (6) of the Act; and

        (ii)   the relevant file number; and

   (e)  must give particulars of the extent to which blank tapes are used for
        the purposes of making copies of eligible sound recordings and
        eligible works for private and domestic use; and

   (f)  must state any additional grounds on which an order is sought; and

   (g)  must specify the period during which it is sought for the order to
        remain in force; and

   (h)  ask the Tribunal to determine, or to make provision for determining,
        the amount per minute of normal playing time of a blank tape that is
        payable under Part Vc of the Act by way of royalty.". (NOTE: In this
        regulation, "blank tape", "collecting society", "eligible sound
        recording", "eligible work", "relevant copyright owner", "royalty" and
        "vendor" have the same meaning as in Part VC of the Act.)