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

 

Statutory Rules 1983 No. 1251

Copyright Tribunal (Procedure) Regulations2

(Amendment)

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

Dated 28 July 1983.

 

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Attorney-General

Notification of orders of Tribunal and of reasons

1. Regulation 15 of the Copyright Tribunal (Procedure) Regulations is amended by omitting from sub-regulation (5) “High Court” and substituting “Federal Court of Australia”.

Advertising of applications and references

2. Regulation 18 of the Copyright Tribunal (Procedure) Regulations is amended by omitting sub-regulation (4) and substituting the following sub-regulation:

“(4) This regulation does not apply in relation to applications under sub-section 47 (3), paragraph 59 (3) (b), sub-section 70 (3) or 107 (3), paragraph 108 (1) (a), sub-section 159a (1) or 159b (1) of the Act, or to applications to which regulation 34 or 35 applies.”.

 

(SR. 156/81) Cat, No. Recommended retail price 40c 10/20.1.1983

 

3. After regulation 19 of the Copyright Tribunal (Procedure) Regulations the following regulations are inserted:

Matters to be included in application under sub-section 53b (11) of the Act

“19a. An application to the Tribunal under sub-section 53b (11) of the Act—

(a) shall set out the circumstances or events giving rise to the application and, in particular, shall—

(i) identify the work to which the application relates;

(ii) state whether the applicant is the owner of the copyright in the work or the body administering an educational institution;

(iii) if the applicant is the owner of the copyright—state the name of the body administering an educational institution by or on whose behalf the copies of the work were made; and

(iv) if the applicant is the body administering an educational institution—state the name of the owner of the copyright; and

(b) shall request the Tribunal to determine the amount that is equitable remuneration to the owner of the copyright for the making of the copies of the work.

Matters to be included in application under sub-section 53d (10) of the Act

“19B. An application to the Tribunal under sub-section 53d (10) of the Act—

(a) shall set out the circumstances or events giving rise to the application and, in particular, shall—

(i) identify the work to which the application relates;

(ii) identify the handicapped reader’s copy to which the application relates;

(iii) state whether the applicant is the owner of the copyright in the work or the body administering an institution assisting handicapped readers;

(iv) if the applicant is the owner of the copyright—state the name of the body administering an institution assisting handicapped readers; and

(v) if the applicant is the body administering an institution assisting handicapped readers—state the name of the owner of the copyright; and

(b) shall request the Tribunal to determine the amount that is equitable remuneration to the owner of the copyright for the making of the handicapped reader’s copy.”.

4. After regulation 33 of the Copyright Tribunal (Procedure) Regulations the following regulations are inserted:

Applications under sub-section 159a (1) of the Act

“33a. An application to the Tribunal by the Attorney-General under sub-section 159a (1) of the Act shall—

(a) identify the body administering an educational institution in respect of which the application for an order suspending the application of sub-sections 53b (1) and (2) of the Act is made;

(b) set out details of the offences against sub-section 203a (2) of the Act of which that body has been convicted;

(c) annex certified copies of the convictions for those offences; and

(d) specify the period recommended in respect of the order applied for to suspend the application of sub-sections 53b (1) and (2) of the Act in relation to that body administering an educational institution.

Applications under sub-section 159b (1) of the Act

“33B. An application to the Tribunal under sub-section 159b (1) of the Act shall—

(a) identify the order under sub-section 159a (1) of the Act to which the application relates;

(b) annex a certified copy of that order;

(c) set out details of the steps taken since the making of the order by the body making the application to ensure that no further contravention of sub-section 203a (2) of the Act will occur; and

(d) request the Tribunal to revoke the order to which the application relates.

Applications to fix terms under sub-section 183 (5) of the Act

“33c. An application to the Tribunal to fix terms under sub-section 183 (5) of the Act for the doing of an act comprised in the copyright by the Commonwealth or a State or a person authorized in writing by the Commonwealth or a State—

(a) shall set out the circumstances or events giving rise to the application and, in particular, shall—

(i) identify the work or other subject-matter to which the application relates;

(ii) identify the act comprised in the copyright that was done, or is proposed to be done, under sub-section 183 (1);

(iii) state whether the applicant is the owner of the copyright in the work or other subject-matter or the Commonwealth or a State;

(iv) if the applicant is the owner of the copyright—state whether the act that was done, or is proposed to be done, under sub-section 183 (1) was done, or is proposed to be done, by the Commonwealth or a State, and if done or proposed to be done by a State, identify the State; and

(v) if the applicant is the Commonwealth or a State—state the name of the copyright owner; and

(b) shall request the Tribunal to fix terms as between the copyright owner and the Commonwealth or the State for the doing of any of the acts comprised in the copyright under sub-section 183 (1).”.

Request for reference of question of law to Federal Court

5. Regulation 40 of the Copyright Tribunal (Procedure) Regulations is amended—

(a) by omitting from sub-regulation (1) “, made after the date on which the Tribunal has given its decision in a proceeding, for the reference of a question of law to the High Court” and substituting “for the reference of a question of law in a proceeding to the Federal Court of Australia”;

(b) by omitting from paragraph (1) (d) “High Court” and substituting “Federal Court of Australia”; and

(c) by omitting sub-regulation (2) and substituting the following sub-regulation:

“(2) The party making the request shall cause notice of the making of the request, together with a sealed copy of the request, to be served on every other party to the proceedings—

(a) in the case where the hearing of the proceeding to which the request relates, has not commenced or has been adjourned—within 7 days after the filing of the request with the Secretary but not later than the date fixed for the commencement of the hearing or to which the hearing has been adjourned; or

(b) in any other case—within 7 days after the filing of the request with the Secretary.”.

6. After regulation 40 of the Copyright Tribunal (Procedure) Regulations the following regulations are inserted:

Fixing of a new date for hearing or further hearing where a party makes a request under sub-section 161 (1) of the Act

“40a. (1) Where a party makes a request under sub-section 161 (1) of the Act in a proceeding and a date has been fixed for the hearing or a further hearing of that proceeding that is less than 28 days from the date of the filing of the request, the President shall fix a new date for the hearing or further hearing of that proceeding that is more than 28 days from the date of the filing of the request.

“(2) The Secretary shall cause notice of the date fixed by the President under sub-regulation (1) to be served on the parties to the proceeding.

Prescribed period for purposes of sub-section 161 (2) of the Act

“40b. For the purposes of sub-section 161 (2) of the Act, the prescribed period is 28 days from the date on which the Tribunal gave its decision.

Prescribed period for purposes of sub-section 161 (3) of the Act

“40c. For the purposes of sub-section 161 (3) of the Act, the prescribed period is 28 days from the date on which the Tribunal refuses the request for a reference.

Adjournment pending decision of Federal Court

“40d. Where the Tribunal refers a question of law arising in proceedings before it for determination by the Federal Court of Australia under sub-section 161 (1) of the Act, being proceedings in which the Tribunal has not given its decision, the Tribunal shall adjourn its hearing of those proceedings until the question referred has been heard and determined by the Federal Court of Australia.”.

Suspension of orders of Tribunal pending reference of question of law to Federal Court

7. Regulation 41 of the Copyright Tribunal (Procedure) Regulations is amended by omitting from sub-regulation (1) “High Court” and substituting “Federal Court of Australia”.

Proceedings before Tribunal after determination of question of law by Federal Court

8. Regulation 42 of the Copyright Tribunal (Procedure) Regulations is amended by omitting “High Court” (wherever occurring) and substituting “Federal Court of Australia”.

Second Schedule—fees

9. The Second Schedule to the Copyright Tribunal (Procedure) Regulations is repealed and the following Schedule substituted:

SECOND SCHEDULE Regulation 46

FEES

Column 1 Item	Column 2 Matter	Column 3 Fee
$
1	For a photographic copy of a document—
(a) for one page............................................................................................................................	0.80
(b) for each additional page.......................................................................................................	0.20
2	For a copy of the reasons for an order made by the Tribunal—
(a) for one page............................................................................................................................	0.80
(b) for each additional page.......................................................................................................	0.20

Third Schedule—witnesses’ fees and expenses

10. The Third Schedule to the Copyright Tribunal (Procedure) Regulations is amended—

(a) by omitting “$10.50” and substituting “$54.00”;

(b) by omitting “$52.50” and substituting “$270.00”;

(c) by omitting “$16.00” and substituting “$50.00”; and

(d) by omitting “$6.00” and substituting “S30.00”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 5 August 1983.

2. Statutory Rules 1969 No. 59 as amended by 1974 No. 186.

Printed by Authority by the Commonwealth Government Printer