Copyright Tribunal (Procedure) Regulations (Amendment) (Cth)

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Rules1992No. 166 1

__________________

  

Copyright Tribunal (Procedure) Regulations 2

(Amendment)

  

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Copyright Act 1968.

 

 Dated 18 June 1992.

  

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

  

MICHAEL DUFFY

Attorney-General

____________

  

1.   Amendment

1.1   The Copyright Tribunal (Procedure) Regulations are amended as set out in these Regulations.

 

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48]

2.   Regulation 7 (Filing of documents)

2.1   Subregulation 7 (5):

Omit the subregulation, substitute:

“(5)

The Secretary may decide on the number of copies of each document that must be with the document when it is filed with the Secretary.

 “(6)

A decision by the Secretary under subregulation (5) may be in relation to:

(a)

all documents; or

(b)

a particular document; or

(c)

a document included in a class of documents.

 “(7)

If the Secretary has made a decision under subregulation (5) the number of copies decided on in relation to a document must be with that document when it is filed with the Secretary.”.

  

3.   Regulation 18 (Advertising of applications and references)

3.1   Subregulation 18 (4):

Omit “sub-section 159a (1) or 159b (1)”, substitute “section 149a, 153a, 153b, 153c or 153d”.

  

4.   Regulation 19a (Matters to be included in application under sub-section 53b (11) of the Act)

4.1   Omit the regulation, substitute:

 

Matters to be included in application under subsection 47a (8) of the Act

 “19a. An application to the Tribunal under subsection 47a (8) of the Act must:

  • (a)

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

  • (b)

    identify the work, or the adaptation of the work, to which the application relates; and

  • (c)

    state whether the applicant is the owner of the copyright in the work or the holder of a print-handicapped radio licence; and

 (d) if the applicant is the owner of the copyright—state the name of the licence holder; and

  • (e)

    if the applicant is the licence holder—state the name of the owner of the copyright; and

  • (f)

    ask the Tribunal to determine the amount that is equitable remuneration to the owner of the copyright for the making of the sound broadcast.”.

  

5.   Regulation 19b (Matters to be included in application under sub-section 53d (10) of the Act)

5.1   Omit the regulation.

  

6.   New regulations 23a, 23b, 23c, 23d, 23e and 23f

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 application; and

  • (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.]

  

7.   New regulations 25a, 25b and 25c

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 135j (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.]

  

8.   Regulation 33a (Applications under sub-section 159a (1) of the Act)

8.1   Omit the regulation.

9.   Regulation 33b (Applications under sub-section 159b (1) of the Act)

9.1   Omit the regulation.

  

10.   Regulation 34 (Application to be made a party to a proceeding)

10.1    After subparagraph 34 (1) (b) (i), insert:

 “(ia) if the proceeding is an application under section 153e of the Act—in the matter that is the subject of the application; and”.

  

11.   New regulation 36a

11.1   After regulation 36, insert:

 

Directions as to procedure

 “36a. (1)  For the purposes of section 164 of the Act:

  • (a)

    if the Tribunal has not commenced hearing a matter, the President may:

 (i) give directions; or

 (ii) authorise a member to give directions;

 as to the procedure to be followed in connection with the hearing of the matter before the Tribunal; or

(b)

if the Tribunal has commenced hearing a matter:

 (i) the member presiding; or

 (ii) any other member authorised by the member presiding;

 may give directions as to the procedure to be followed in connection with the hearing of the matter before the Tribunal.

 “(2)

A direction or authorisation given under subregulation (1) may be varied or revoked at any time by the member entitled under this regulation to give it.

 “(3)

A direction or authorisation by the President under subregulation (1) may:

(a)

be of general application; or

 (b) relate to the hearing of:

 (i) a particular matter; or

 (ii) a matter included in a particular class of matters.”.

  

12.   New Regulation 37a

12.1   After regulation 37, insert:

 

Secretary may request further copies of documents

 “37a. (1)  If the Tribunal that is to hear an application is to comprise more than 1 member, the Secretary may require a party to the application to provide the Secretary with a stated number of further copies of all or any specified documents previously filed by the party in relation to the application.

 “(2)

A requirement under subregulation (1) is in addition to the requirements set out in regulation 7.”.

 

____________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 June 1992.

2. Statutory Rules 1969 No 59 as amended by 1974 No. 186; 1983 No. 125; 1987 No. 35.

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