Page:Australian Copyright Act 1968 (63 of 1968).pdf/75

 No. 63 :(a) the Tribunal shall reconsider the matter in dispute and, if it considers it necessary to do so for the purpose of giving effect to the decision of the High Court, shall give to the parties to the proceedings a further opportunity of presenting their cases; and
 * (b) if it appears to the Tribunal to be appropriate, and in conformity with the decision of the High Court, to do so, the Tribunal shall make such order revoking or modifying any order previously made by it in the proceedings, or, in the case of proceedings under section 157 of this Act where the Tribunal refused to make an order, shall make such order under that section, as the Tribunal considers to be appropriate.

(6.) A reference of a question by the Tribunal to the High Court under this section shall be by way of stating a case for the opinion of the High Court.

(7.) Jurisdiction is conferred on the High Court to hear and determine a question of law referred to it under this section.

(8.) For the purposes of this section, a question of law does not include a question whether there is sufficient evidence to justify a finding of fact by the Tribunal.

(9.) This section does not apply in relation to an inquiry by the Tribunal under section 148 of this Act.

162. Nothing in this Part affects the operation of any agreement or of any award made by an arbitrator, whether the agreement or award was made before, or is made after, the commencement of this Act. Division 4.—Procedure and Evidence.

163.—(1.) Subject to this section, the hearing of proceedings before the Tribunal shall be in public.

(2.) Where the Tribunal is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, the Tribunal may—
 * (a) direct that a bearing or part of a hearing shall take place in private and give directions as to the persons who may be present; or
 * (b) give directions prohibiting or restricting the publication of evidence given before the Tribunal (whether in public or in private) or of matters contained in documents produced to the Tribunal.

164. In proceedings before the Tribunal—
 * (a) the procedure of the Tribunal is, subject to this Act and the regulations, within the discretion of the Tribunal;
 * (b) the Tribunal is not bound by the rules of evidence; and
 * (c) the proceedings shall be conducted with as little formality, and with as much expedition, as the requirements of this Act and a proper consideration of the matters before the Tribunal permit.