Page:Australian Copyright Act 1968 (63 of 1968).pdf/74

 1968 :(b) in a case where the order specifies any charges-the person 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, that person 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.

(6.) Where a person in relation to whom an order referred to in sub-section (4.) or sub-section (5.) of this section applies does, in relation to any of the matters specified in that order, anything that, apart from that sub-section, would be an infringement of copyright but would not be such an infringement if he were the holder of a licence in respect of the doing of that thing granted by the owner of the copyright concerned on the conditions and subject to payment of the charges (if any) specified in the order, that person is liable to pay to the owner of the copyright the amount of any charges that would be payable if he were the holder of such a licence and the owner of the copyright may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner of the copyright.

160. Where an application or reference is made to the Tribunal under this Act, the Tribunal may make an interim order having effect until the final decision of the Tribunal on the application or reference.

161.—(1.) The Tribunal may, of its own motion or at the request of a party, refer a question of law arising in proceedings before it for determination by the High Court.

(2.) A question shall not be referred to the High Court by virtue of the last preceding sub-section in pursuance of a request made after the date on which the Tribunal gave its decision in the proceedings unless the request is made before the expiration of such period as is prescribed.

(3.) If the Tribunal, after giving its decision in any proceedings, refuses a request to refer a question to the High Court, the party by whom the request was made may, within such period as is prescribed, apply to the High Court for an order directing the Tribunal to refer the question to the High Court.

(4.) Where a reference is made to the High Court under this section. with respect to any proceedings before the Tribunal, and where an application is made under the last preceding sub-section with respect to any such proceedings, every party to the proceedings before the Tribunal is entitled to appear and to be heard.

(5.) Where, after the Tribunal has given its decision in any proceedings, the Tribunal refers to the High Court under this section a question of law that arose in the course of the proceedings, and the High Court decides that the question was erroneously determined by the Tribunal—