Page:Australian Copyright Act 1968 (63 of 1968).pdf/66

 1968 (14.) The Tribunal shall consider an application under sub-section (12.) of this section for an amendment of an order in force under sub-section (6.) of this section (in this sub-section referred to as “the principal order”) and, after giving the parties to the application an opportunity of presenting their cases, shall, if it is satisfied that the applicant is the owner of the copyright or copyrights in one or more published sound recordings, make an order amending the principal order so as to—
 * (a) specify the applicant as one of the persons among whom the amount specified in, or determined in accordance with, the principal order is to be divided; and
 * (b) specify as the share of the applicant in that amount and as the times at which that share is to be paid such share and times as the applicant and the other persons among whom that amount is to be divided agree or, in default of agreement, as the Tribunal thinks equitable and make any consequential alterations in respect of the shares of those other persons.

(15.) An order of the Tribunal made under sub-section (6.) of this section in relation to a broadcaster applies in relation to the period commencing on the date specified in the order and ending on the thirtieth day of June next succeeding the date of making of the order.

(16.) The date that may be so specified in an order of the Tribunal made under sub-section (6.) of this section in relation to a broadcaster may be a date before the date of making of the order or before the date of making of the application but shall not be a date before the date of expiration of the period in relation to which the last preceding order (if any) of the Tribunal made under that sub-section in relation to that broad- caster applied or before the date of commencement of this Act.

(17.) An order of the Tribunal made under sub-section (14.) of this section amending an order of the Tribunal made under sub-section (6.) of this section applies in relation to the period commencing on the date of making of the amending order and ending on the date of expiration of the period in relation to which the order that is being amended applies.

(18.) Where an order of the Tribunal is in force under this section, the broadcaster in relation to whom the order applies is liable to pay to each of 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 the share so specified in relation to that person and is so liable to pay that share at the times so specified and that person may recover any amount that is not paid in accordance with the order in a court of competent jurisdiction from the broadcaster as a debt due to the person.

(19.) For the purposes of this section, the gross earnings of a broadcaster in respect of a period are the gross earnings of the broadcaster during that period in respect of the broadcasting by him of advertisements or other matter, including the gross earnings of the broadcaster during that period in respect of the provision by him of, or otherwise in respect of, matter broadcast by him.