Page:Australian Copyright Act 1968 (63 of 1968).pdf/73

 No. 63 applies, that person shall, if he has complied with the relevant requirements, be in the like position, in any proceedings for infringement of that copyright, as if he had at the material time been the holder of such a licence.

(2.) For the purposes of the last preceding sub-section, the relevant requirements are—
 * (a) that, at all material times, the person concerned has complied with the conditions that, in accordance with the licence scheme as confirmed or varied by the order, would be applicable to a licence in respect of the case concerned; and
 * (b) where, in accordance with the scheme as so confirmed or varied, any charges are payable in respect of such a licence—that, at the material time, he had paid those charges to the licensor operating the scheme, or, if at that time the amount payable could not be ascertained, he had given an undertaking in writing to the licensor to pay the charges when ascertained.

(3.) A person who does anything in relation to which sub-section (1.) of this section applies is liable to pay to the licensor operating the licence scheme concerned the amount of any charges that would be payable if he were the holder of a licence granted in accordance with the scheme, as confirmed or varied by the order, in so far as the scheme relates to the doing of that thing and the licensor may recover that amount in a court of competent jurisdiction from the person as a debt due to the licensor.

(4.) Where the Tribunal has made an order on an application under sub-section (1.), sub-section (2.) or sub-section (3.) of section 157 of this Act specifying charges, if any, and conditions, in relation to the applicant, in respect of the matters specified in the order, then if—
 * (a) the applicant has complied with the conditions specified in the order; and
 * (b) in a case where the order specifies any charges-he has paid those charges to the licensor or, if the amount payable could not be ascertained, has given to the licensor an undertaking in writing to pay the charges when ascertained,

the applicant shall be in the like position, in any proceedings for infringement of copyright relating to any of those matters, as if he had at all material times been the holder of a licence granted by the owner of the copyright concerned on the conditions, and subject to payment of the charges (if any), specified in the order.

(5.) Where the Tribunal has made an order on an application under sub-section (4.) of section 157 of this Act specifying charges (if any) and conditions, in relation to the persons, or to persons included in the classes of persons, specified in the order, in respect of matters specified in the order, then, if—
 * (a) any such person has complied with the conditions specified in the order; and