Page:Australian Copyright Act 1968 (63 of 1968).pdf/64

 1968 a party to an application under this section, and the Tribunal is satisfied that the organization or person has a substantial interest in the matter that is the subject of the application, the Tribunal may, if it thinks fit, make that organization or person a party to the application.

(6.) The Tribunal shall consider an application under sub-section (2.) of this section and, after giving the parties to the application an opportunity of presenting their cases, shall make an order—
 * (a) determining, or making provision for determining, the amount payable by the broadcaster to the owners of copyrights in published sound recordings in respect of the broadcasting, during the period to which the order applies, by the broadcaster of those recordings;
 * (b) specifying as the persons among whom that amount is to be divided such of the persons who were, or were represented by, parties to the application as the Tribunal is satisfied are the owners of copyrights in published sound recordings; and
 * (c) specifying as the respective shares in that amount of the persons among whom that amount is to be divided and as the times at which those shares are to be paid such shares and times as those persons agree or, in default of agreement, as the Tribunal thinks equitable.

(7.) In so making an order in relation to a broadcaster, the Tribunal shall take into account all relevant matters, including the extent to which the broadcaster uses, for the purposes of broadcasting, records embodying sound recordings (other than recordings in relation to which section 105 of this Act applies) in which copyrights subsist, being copyrights owned by persons who are, or are represented by, parties to the application.

(8.) The Tribunal shall not make an order that would require a broadcaster being the holder of a licence for a broadcasting station to pay, in respect of the broadcasting of published sound recordings during the period in relation to which the order applies, an amount exceeding one per centum of the amount determined by the Tribunal to be the gross earnings of the broadcaster during the period equal to the period in relation to which the order applies that ended on the thirtieth day of June last preceding the date of commencement of the period in relation to which the order applies.

(9.) Where a broadcaster being the holder of a licence for a broadcasting station has, with the leave of the Australian Broadcasting Control Board under section 106 of the Broadcasting and Television Act 1942–1967, adopted an accounting period ending on a day other than the thirtieth day of June, the reference in the last preceding sub-section to the thirtieth day of June shall, in relation to that broadcaster, be read as a reference to that other day.