Page:Copyright Act 1978 from Government Gazette.djvu/18

GOVERNMENT GAZETTE, 30 JUNE 1978

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on the application of a person requiring a licence either in accordance with a licence scheme or in a case not covered by a licence scheme.

31. (1) Where at any time while a licence scheme is in operation a dispute arises with respect to the scheme between the licensing body operating the scheme and―

an organization claiming to be representative of persons requiring licences in cases of a class to which the scheme applies; or

any person claiming that he requires a licence in a case of a class to which the scheme applies,

the organization or person in question may refer the scheme to the tribunal in so far as it relates to cases of that class.

(2) The parties to a reference under this section shall be―

the organization or person at whose instance the reference is made;

the licensing body operating the scheme to which the reference relates; and

such other organizations or persons (if any) as apply to the tribunal to be made parties to the reference and are in accordance with subsection (3) made parties thereto.

(3) 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 a reference, 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 reference.

(4) The tribunal shall not entertain a reference under this section by an organization unless the tribunal is satisfied that the organization is reasonably representative of the class of persons which it claims to represent.

(5) Subject to the provisions of subsection (4), the tribunal shall on any reference under this section consider the matter in dispute and after giving the parties to the reference an opportunity of presenting their respective cases, make such order, either confirming or varying the scheme in so far as it relates to cases of the class to which the reference relates, as the tribunal may determine to be reasonable in the circumstances.

(6) An order of the tribunal under this section may, notwithstanding anything contained in the licence scheme to which it relates, be made so as to be in force either indefinitely or for such period as the tribunal may determine.

(7) Where the tribunal has made an order in respect of a licence scheme which has been referred to it, such scheme shall, notwithstanding anything contained therein, in so far as it relates to the class of cases in respect of which the order was made, thereafter remain in operation subject to the terms of the order: Provided that this subsection shall not apply in relation to a reference as respects any period after the reference has been withdrawn or has been discharged by virtue of subsection (4).

32. (1) Where the tribunal has made an order under section 31 with respect to a licence scheme―

the licensing body operating the scheme;

any organization claiming to be representative of persons requiring licences in cases of the class to which the order applies; or

any person claiming that he requires a licence in a case of that class,

may, subject to the provisions of subsection (2), at any time while the order is in force, again refer the scheme to the tribunal in so