Page:Australian Copyright Act 1968 (63 of 1968).pdf/71

 No. 63 (2.) A person who claims, in a case to which a licence scheme applies, that he requires a licence but that the grant of a licence in accordance with the scheme would, in that case, be subject to the payment of charges, or to conditions, that are not reasonable in the circumstances of the case may apply to the Tribunal under this section.

(3.) A person who claims that he requires a licence in a case to which a licence scheme does not apply (including a case where a licence scheme has not been formulated or is not in operation) and—
 * (a) that a licensor has refused or failed to grant the licence, or to procure the grant of the licence, and that in the circumstances it is unreasonable that the licence should not be granted; or
 * (b) that a licensor proposes that the licence should be granted subject to the payment of charges, or to conditions, that are unreasonable, may apply to the Tribunal under this section.

(4.) An organization that claims that it is representative of persons requiring licences in cases to which a licence scheme does not apply (including cases where a licence scheme has not been formulated or is not in operation) and―
 * (a) that a licensor has refused or failed to grant the licences, or to procure the grant of the licences, and that in the circumstances it is unreasonable that the licences should not be granted; or
 * (b) that a licensor proposes that the licences should be granted subject to the payment of charges, or to conditions, that are unreasonable, may apply to the Tribunal under this section.

(5.) 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 an application under any of the preceding sub-sections of this section, and the Tribunal is satisfied that the organization or person has a substantial interest in the matter in dispute, the Tribunal may, if it thinks fit, make that organization or person a party to the application.

(6.) Where an application is made to the Tribunal under sub-section (1.), (2.), (3.) or (4.) of this section, the Tribunal shall give to the applicant, to the licensor concerned and to every other party (if any) to the application an opportunity of presenting their cases and, if the Tribunal is satisfied that the claim of the applicant is well-founded, the Tribunal shall make an order specifying, in respect of the matters specified in the order―
 * (a) in the case of an application under sub-section (1.) of this section― the charges, if any, and the conditions, that the Tribunal considers to be applicable in accordance with the licence scheme in relation to the applicant;
 * (b) in the case of an application under sub-section (2.) or sub-section (3.) of this section―the charges, if any, and the conditions, that the Tribunal considers reasonable in the circumstances in relation to the applicant; or