Page:Australian Copyright Act 1968 (63 of 1968).pdf/30

 1968 the regulations may provide that the relevant provision of this Act, in its application in respect of records generally or in respect of records included in that class of records, as the case may be, shall have effect as if it were subject to such variations as are provided by the regulations, being such variations as the Governor-General thinks equitable.

(3.) Before making regulations for the purposes of the last preceding sub-section, the Governor-General shall take into account the report of the Tribunal.

(4.) Where the Tribunal has made a report in relation to the royalty, or the minimum royalty, payable in respect of records included in a particular class of records (whether the report related only to records included in that class or also related to other records), the Attorney-General shall not, before the expiration of five years after the report was made, request the Tribunal to hold an inquiry under this section in relation to the royalty, or the minimum royalty, as the case may be, payable in respect of records included in that class.

(5.) In this section, “the relevant provision of this Act” means—
 * (a) in relation to the royalty payable in respect of any records—sub-section (1.) of section 56 of this Act or, if that sub-section is affected by regulations made for the purposes of this section, that sub-section as so affected; and
 * (b) in relation to the minimum royalty payable in respect of any records—sub-section (5.) of section 56, and sub-paragraph (i) of paragraph (b) of section 57, of this Act or, if those provisions are affected by regulations made for the purposes of this section, those provisions as so affected.

59.—(1.) Where—
 * (a) a person makes in Australia a record comprising the performance manufacturer of a musical work in which words are sung, or are spoken incidentally to or in association with the music, whether or not there is any other matter comprised in the record;
 * (b) copyright does not subsist in that work or, if copyright so subsists, the requirements specified in sub-section (1.) of section 55 of this Act are complied with in relation to that copyright;
 * (c) the words consist or form part of a literary or dramatic work in which copyright subsists;
 * (d) a record of the musical work in which those words, or words substantially the same as those words, were sung, or were spoken incidentally to or in association with the music—
 * (i) has previously been made in, or imported into, Australia for the purpose of retail sale and was so made or imported by, or with the licence of, the owner of the copyright in the literary or dramatic work;
 * (ii) has previously been made in Australia for use in making other records for the purpose of retail sale and was so made by, or with the licence of, the owner of the copyright in the literary or dramatic work;