Page:Copyright Amendment Act 1992 from Government Gazette.djvu/15



[Provided that the total fine or the total period of imprisonment imposed by virtue of this subsection shall not exceed fifty thousand rand or ten years, as the case may be, in respect of articles comprised in the same transaction].”; and

by the deletion of subsections (7) and (8).

Amendment of section 28 of Act 98 of 1978, as amended by section 12 of Act 52 of 1984

25. Section 28 of the principal Act is hereby amended―

by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: “The owner of the copyright in any published [literary or musical] work [or any published cinematographic film, any sound recording or any published edition] may give notice in writing to the Commissioner for Customs and Excise (in this section referred to as the ‘Commissioner’)―”; and

by the substitution for subsection (5) of the following subsection: “(5) This section shall mutatis mutandis apply with reference to an exclusive licensee who has the right to import into the Republic any [literary or musical] work [or any cinematograph film sound recording or published edition] published elsewhere.”.

Amendment of section 29 of Act 98 of 1978

26. Section 29 of the principal Act is hereby amended―

by the substitution for subparagraph (v) of paragraph (c) of subsection (3) of the following subparagraph:

[for] regulating or prescribing any other matters incidental to or consequential upon any request, application, order or decision under section 36.”; and

by the addition of the following subsection: “ (6) Any reference in this Chapter to the giving of an opportunity to any person of presenting his case shall be construed as a reference to the giving to that person of the opportunity of submitting representations in writing and of being heard. ”.

Substitution of section 30 of Act 98 of 1978

27. The following section is hereby substituted for section 30 of the principal Act: “General provisions as to jurisdiction of tribunal

30. Subject to the provisions of this Chapter, the function of the tribunal shall be to determine disputes arising between licensing bodies, or other persons from whom licences are required and persons requiring licences, or organizations claiming to be representative of such persons, either―

on the reference of a licence scheme to the tribunal; or

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.”.

Substitution of section 36 of Act 98 of 1978

28. The following section is hereby substituted for section 36 of the principal Act: “Appeals

36. (1) Any party to proceedings before the tribunal may appeal