Page:Australian Copyright Act 1968 (63 of 1968).pdf/67

 No. 63 (20.) Where, in connexion with a transaction, any consideration is paid or given otherwise than in cash, the money value of that consideration shall, for the purposes of the last preceding sub-section, be deemed to have been paid or given.

(21.) Where the Tribunal is of the opinion that—
 * (a) an amount, or part of an amount, earned during any period by a person other than a broadcaster would, if the broadcaster and that person were the same person, form part of the gross earnings of the broadcaster in respect of that period for the purposes of this section; and
 * (b) a relationship exists between the broadcaster and the other person (whether by reason of any shareholding or of any agreement or arrangement, or for any other reason) of such a kind that the amount or the part of the amount, as the case may be, should, for the purposes of this section, be treated as part of the gross earnings of the broadcaster in respect of that period,

the Tribunal may so treat the amount or the part of the amount, as the case may be.

153.—(1.) This section applies where an application is made to the Tribunal in pursuance of paragraph (b) of sub-section (3.) of section 59 of this Act for an apportionment of an amount payable in respect of a record between the owner of the copyright in a musical work and the owner of the copyright in a literary or dramatic work.

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

(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 apportioning the amount to which the application relates between the parties in such manner as it thinks equitable.

154.—(1.) Where a licensor proposes to bring a licence scheme into operation, he may refer the scheme to the Tribunal.

(2.) The parties to a reference under this section are—
 * (a) the licensor referring the scheme; and
 * (b) such organizations or persons (if any) as apply to the Tribunal to be made parties to the reference and, in accordance with the next succeeding sub-section, are made parties to the reference.

(3.) Where an organization (whether claiming to be representative of persons requiring licences or not) or a person (whether requiring a licence or not) applies to the Tribunal to be made a party to a reference, and the Tribunal is satisfied that the organization or person has a substantial