Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 157

Refusal or failure to grant licence under licence scheme

  (1)   A person who claims, in a case to which a licence scheme applies, that the licensor operating the scheme has refused or failed to grant him or her a licence in accordance with the scheme, or to procure the grant to him or her of such a licence, may apply to the Tribunal under this section.

Licence scheme sets unreasonable charges or conditions for case

  (2)   A person who claims, in a case to which a licence scheme applies, that he or she requires a licence but that the grant of a licence in accordance with the scheme would, in that case, be subject to the payment of charges, or to conditions, that are not reasonable in the circumstances of the case may apply to the Tribunal under this section.

No licence scheme and licensor refuses or fails to grant reasonable licence

  (3)   A person who claims that he or she requires a licence in a case to which a licence scheme does not apply (including a case where a licence scheme has not been formulated or is not in operation) and:

  (a)   that a licensor has refused or failed to grant the licence, or to procure the grant of the licence, and that in the circumstances it is unreasonable that the licence should not be granted; or

  (b)   that a licensor proposes that the licence should be granted subject to the payment of charges, or to conditions, that are unreasonable;

may apply to the Tribunal under this section.

  (4)   An organization that claims that it is representative of persons requiring licences in cases to which a licence scheme does not apply (including cases where a licence scheme has not been formulated or is not in operation) and:

  (a)   that a licensor has refused or failed to grant the licences, or to procure the grant of the licences, and that in the circumstances it is unreasonable that the licences should not be granted; or

  (b)   that a licensor proposes that the licences should be granted subject to the payment of charges, or to conditions, that are unreasonable;

may apply to the Tribunal under this section.

Other parties to application

  (5)   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 an application under any of the preceding subsections of this section, 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 application.

Note:   Under section   157B, the Tribunal may also make the Australian Competition and Consumer Commission a party to the application.

Letting parties present their cases

  (6)   The Tribunal must give the applicant, the licensor concerned and each other party (if any) to the application an opportunity of presenting their cases.

Order dealing with application under subsection   (1)

  (6A)   If the Tribunal is satisfied that the claim of an applicant under subsection   (1) is well - founded, the Tribunal must either:

  (a)   make an order specifying, in respect of the matters specified in the order, the charges, if any, and the conditions, that the Tribunal considers to be applicable in accordance with the licence scheme in relation to the applicant; or

  (b)   order that the applicant be granted a licence in the terms proposed by the applicant, the licensor concerned or another party to the application.

Order dealing with application under subsection   (2) or (3)

  (6B)   If the Tribunal is satisfied that the claim of an applicant under subsection   (2) or (3) is well - founded, the Tribunal must either:

  (a)   make an order specifying, in respect of the matters specified in the order, the charges, if any, and the conditions, that the Tribunal considers reasonable in the circumstances in relation to the applicant; or

  (b)   order that the applicant be granted a licence in the terms proposed by the applicant, the licensor concerned or another party to the application.

Order dealing with application under subsection   (4)

  (6C)   If the Tribunal is satisfied that the claim of an applicant under subsection   (4) is well - founded, the Tribunal must either:

  (a)   make an order specifying, in respect of the matters specified in the order, the charges, if any, and the conditions, that the Tribunal considers reasonable in the circumstances in relation to persons who:

  (i)   are specified in the order (whether by reference to a class or otherwise); and

  (ii)   were represented by the applicant or were parties to the application; or

  (b)   order that a licence be granted, in the terms proposed by the applicant, the licensor concerned or another party to the application, to each person who:

  (i)   is specified in the order (whether by reference to a class or otherwise); and

  (ii)   was represented by the applicant or was a party to the application.

Definition of refusal or failure to grant a licence

  (7)   A reference in this section to a failure to grant a licence, or to procure the grant of a licence, shall be read as a reference to a failure to grant the licence, or to procure the grant of the licence, as the case may be, within a reasonable time after a request to do so.