Page:Australian Copyright Act 1968 (63 of 1968).pdf/68

 1968 interest in the operation of the scheme to which the reference relates, the Tribunal may, if it thinks fit, make that organization or person a party to the reference.

(4.) The Tribunal shall consider a scheme referred under this section and, after giving to the parties to the reference an opportunity of presenting their cases, shall make such order, either confirming or varying the scheme, as the Tribunal considers reasonable in the circumstances.

(5.) An order (other than an interim order) of the Tribunal under this section may, notwithstanding anything contained in the licence scheme to which it relates, be made so as to be in force either indefinitely or for such period as the Tribunal thinks fit.

(6.) Where a licence scheme has been referred to the Tribunal under this section, the licensor may do either or both of the following things:―
 * (a) bring the scheme into operation before the Tribunal makes an order in pursuance of the reference;
 * (b) withdraw the reference at any time before the Tribunal makes an order in pursuance of the reference, whether the scheme has been brought into operation or not.

(7.) If the scheme is not brought into operation before an order is made in pursuance of the reference, the scheme as confirmed or varied by the order comes into operation, notwithstanding anything contained in the scheme, forthwith upon the making of the order.

(8.) After the making of an order in pursuance of the reference, the scheme as confirmed or varied by the order remains in operation, not- withstanding anything contained in the scheme, so long as the order remains in force.

155.—(1.) Where, at any time while a licence scheme is in operation, a dispute arises with respect to the terms of the scheme between the licensor operating the scheme and—
 * (a) an organization claiming to be representative of persons requiring licences in cases included in a class of cases to which the scheme applies; or
 * (b) any person claiming that he requires a licence in a case included in a class of cases to which the scheme applies,

the licensor, organization or person concerned may refer the scheme to the Tribuna! in so far as the scheme relates to cases included in that class.

(2.) The parties to a reference under this section are—
 * (a) the licensor, organization or person referring the scheme;
 * (b) if the reference is not made by the licensor operating the scheme—that licensor; and
 * (c) such other 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.