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

 No. 63 151.—(1.) This section applies where an application is made to the Tribunal in pursuance of sub-section (1.) of section 108 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 causing of the recording to be heard in public.

(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 person who caused the recording to be heard in public.

(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 causing of the recording to be heard in public.

152.—(1.) In this section, unless the contrary intention appears—
 * “Australia” does not include the Territories of the Commonwealth not forming part of the Commonwealth;
 * “broadcaster” means—
 * (a) the Australian Broadcasting Commission;
 * (b) the holder of a licence for a broadcasting station;
 * (c) the holder of a licence for a television station; or
 * (d) a person prescribed for the purposes of sub-paragraph (iii) of paragraph (a) or sub-paragraph (iii) of paragraph (b) of section 91 of this Act.

(2.) Subject to this section, an application may be made to the Tribunal for an order determining, or making provision for determining, the amount payable by a broadcaster to the owners of copyrights in published sound recordings in respect of the broadcasting, during a period specified in the application, of those recordings by that broadcaster.

(3.) An application under the last preceding sub-section may be made by the broadcaster or by the owner of a copyright in a published sound recording.

(4.) The parties to an application under sub-section (2.) of this section are—
 * (a) the person making the application; and
 * (b) such organizations or persons as apply to the Tribunal to be made parties to the application and, in accordance with the next succeeding sub-section, are made parties to the application.

(5.) Where an organization (whether claiming to be representative of broadcasters or of the owners of copyrights in published sound recordings or not) or a person (whether a broadcaster or the owner of a copyright in a published sound recording or not) applies to the Tribunal to be made