Page:Australian Copyright Act 1968 (63 of 1968).pdf/65

 No. 63 (10.) Sub-section (8.) of this section does not apply to an order in relation to a broadcaster unless―
 * (a) the broadcaster establishes to the satisfaction of the Tribunal the amount of the gross earnings of the broadcaster during the period in respect of which those earnings are to be determined; and
 * (b) the broadcaster carried on the transmission of programmes by way of sound broadcasting throughout the whole of that period.

(11.) Where an application is made to the Tribunal under sub-section (2.) of this section in relation to the Australian Broadcasting Commission, the Tribunal―
 * (a) shall make separate orders in respect of sound broadcasts by the Commission of published sound recordings and in respect of television broadcasts by the Commission of such recordings; and
 * (b) shall not make an order that would require the Commission to pay, in respect of sound broadcasts of published sound recordings during the period in relation to which the order applies, an amount exceeding the sum of―
 * (i) in respect of each complete year included in that period―the amount ascertained by multiplying one-half of One cent by the number equal to the number of persons comprised in the estimated population of Australia as last set out in statistics published by the Commonwealth Statistician before the making of the order; and

(ii) in respect of each part of a year included in that period―the amount that bears to the amount ascertained in accordance with the last preceding sub-paragraph in relation to a complete year the same proportion as that part of a year bears to a complete year.

(12.) A person who is not specified in an order in force under sub-section (6.) of this section as one of the persons among whom the amount specified in, or determined in accordance with, the order is to be divided may, before the expiration of the period to which the order applies, apply to the Tribunal for an amendment of the order so as to specify him as one of those persons.

(13.) The parties to an application under the last preceding sub-section for an amendment of an order are―
 * (a) the person making the application;
 * (b) the broadcaster in relation to whom the order applies;
 * (c) the persons specified in the order as the persons among whom the amount specified in, or determined in accordance with, the order is to be divided; and
 * (d) such organizations or persons as apply to the Tribunal to be made parties to the application and, in accordance with sub-section (5.) of this section, are made parties to the application.