Page:Australian Copyright Act 1968 (63 of 1968).pdf/62

 1968 Division 3.—Inquiries by, and Applications and References to, the Tribunal.

148.—(1.) This section applies where the Attorney-General requests the Tribunal in pursuance of section 58 of this Act to hold an inquiry in relation to the royalty, or the minimum royalty, payable in respect of records generally, or in respect of records included in a particular class of records.

(2.) Where such a request is made, the Tribunal shall hold the inquiry and shall give every person or organization that the Tribunal is satisfied has a substantial interest in the matter to which the inquiry relates an opportunity of presenting a case to the Tribunal.

(3.) As soon as practicable after the completion of the inquiry, the Tribunal shall make a report in writing to the Attorney-General setting out the result of the inquiry.

149.—(1.) This section applies where an application is made to the Tribunal in pursuance of sub-section (3.) of section 47, or sub-section (3.) of section 70, of this Act for the determination of an equitable remuneration to be paid to the owner of the copyright in a work for the making of a sound recording or cinematograph film of the work or of an adaptation of the work.

(2.) The parties to an application in relation to which this section applies are—
 * (a) the owner of the copyright in the work; and
 * (b) the maker of the recording or film.

(3.) Where an application in relation to which this section applies is made to the Tribunal, the Tribunal shall consider the application and, after giving to the parties to the application an opportunity of presenting their cases, shall make an order determining the amount that it considers to be equitable remuneration to the owner of the copyright for the making of the recording or film.

150.—(1.) This section applies where an application is made to the Tribunal in pursuance of sub-section (3.) of section 107 of this Act for the determination of an equitable remuneration to be paid to the owner of the copyright in a sound recording for the making of a record embodying the recording.

(2.) The parties to an application in relation to which this section applies are—
 * (a) the owner of the copyright in the recording; and
 * (b) the maker of the record.

(3.) Where an application in relation to which this section applies is made to the Tribunal, the Tribunal shall consider the application and, after giving to the parties to the application an opportunity of presenting their cases, shall make an order determining the amount that it considers to be equitable remuneration to the owner of the copyright for the making of the record.