Page:Australian Copyright Act 1968 (63 of 1968).pdf/70

 1968 may refer the scheme again to the Tribunal in so far as it relates to cases included in that class.

(2.) A licence scheme shall not, except with the leave of the Tribunal, be referred again to the Tribunal under the last preceding sub-section at a time earlier than―
 * (a) where the order concerned was made so as to be in force indefinitely or for a period exceeding fifteen months―the expiration of the period of twelve months commencing on the date on which the order was made; or
 * (b) where the order concerned was made so as to be in force for a period not exceeding fifteen months—the commencement of the period of three months ending on the date of expiration of the order.

(3.) 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 provisions applicable in that behalf by virtue of sub-section (5.) of this section, are made parties to the reference.

(4.) Subject to the next succeeding sub-section, where a licence scheme is referred to the Tribunal under this section, the Tribunal shall consider the matter in dispute and, after giving to the parties to the reference an opportunity of presenting their cases, shall make such order in relation to the scheme as previously confirmed or varied, in so far as it relates to cases included in the class of cases to which the reference relates, whether by way of confirming, varying or further varying the scheme, as the Tribunal considers reasonable in the circumstances.

(5.) Sub-sections (3.), (4.) and (6.) to (10.), inclusive, of the last preceding section apply for the purposes of this section.

(6.) The preceding sub-sections of this section have effect in relation to orders made under this section in like manner as they have effect in relation to orders made under either of the last two preceding sections.

(7.) Nothing in this section prevents a licence scheme in respect of which an order has been made under either of the last two preceding sections from being again referred to the Tribunal under that section―
 * (a) in so far as the scheme relates to cases included in a class of cases to which the order does not apply-at any time; and
 * (b) in so far as the scheme relates to cases included in the class of cases to which the order applied while it was in force-after the expiration of the order.

157.―(1.) A person who claims, in a case to which a licence scheme applies, that the licensor operating the scheme has refused or failed to grant him a licence in accordance with the scheme, or to procure the grant to him of such a licence, may apply to the Tribunal under this section.