153Applications to Tribunal for apportionment of royalty in respect of a record

153  Applications to Tribunal for apportionment of royalty in respect of a record  (1) This section applies where an application is made to the Tribunal in pursuance of paragraph 59(3)(b) for an apportionment of an amount payable in respect of a record between the owner of the copyright in a musical work and the owner of the copyright in a literary or dramatic work.  (a) the owner of the copyright in the musical work; and  (b) the owner of the copyright in the literary or dramatic work.  (3) Where an application in relation to which this section applies is made to the Tribunal, the Tribunal shall consider the application and, after giving to the parties to the application an opportunity of presenting their cases, shall make an order apportioning the amount to which the application relates between the parties in such manner as it thinks equitable. Subdivision C—Applications and referrals relating to Part IVA 153A  Applications and referrals relating to Division 4 of Part IVA  (1) This section applies to an application or referral to the Tribunal mentioned in column 1 of an item of the table in subsection (4).  (2) The parties to the application or referral are the parties mentioned in column 2 of the item.  (3) The Tribunal must:  (a) consider the application or referral; and  (b) give the parties the opportunity to present their cases; and  (c) comply with column 3 of the item.  (4) This is the table:   - Applications and referrals relating to licensed copying and communicating - Item Column 1Application or referral Column 2Parties Column 3The Tribunal must … - 1 an application made under paragraph 113P(4)(b) or 113S(4)(b) to determine a question (a) the relevant collecting society; and(b) the body administering the relevant educational institution having regard to any matters prescribed by the regulations, determine the relevant question under subsection 113P(4) or 113S(4). - 2 an application made under paragraph 113R(2)(b) to determine an amount of equitable remuneration (a) the relevant collecting society; and(b) the body administering the relevant educational institution having regard to any matters prescribed by the regulations, determine the amount of equitable remuneration under subsection 113R(2). - 3 a referral under paragraph 113V(2)(c) of an application by a body (the applicant) to be declared to be a collecting society (a) the applicant; and(b) any person made a party under subsection (5) of this section (a) declare the applicant to be a collecting society under subsection 113V(3); or(b) refuse to declare the applicant to be a collecting society. - 4 a referral under paragraph 113X(2)(b) of the question whether a declaration of a body to be a collecting society should be revoked (a) the Minister; and(b) the body; and(c) any person made a party under subsection (5) of this section (a) revoke the declaration under subsection 113X(3); or(b) refuse to revoke the declaration. - 5 an application under subsection 113ZB(1) for review of the arrangement adopted, or proposed to be adopted, by a collecting society for distributing amounts it collects in a period (a) the applicant for the review; and(b) the collecting society (if it is not the applicant); and(c) any member or organization made a party under subsection (5) of this section make an order under subsection 113ZB(2).  (5) For the purposes of column 2 of item 3, 4 or 5 of the table, the Tribunal may make the following person or organization a party to the referral or application if the person or organization asks to be made a party:  (a) in the case of item 3 or 4—a person the Tribunal thinks has a sufficient interest in the matter;  (b) in the case of item 5—a person or organization that:  (i) the Tribunal thinks has a substantial interest in the arrangement; and  (ii) is a member of the collecting society, or is an organization that claims to be representative of members of the collecting society. Subdivision E—Applications relating to Part VII 153DF  Meaning of copyright material   In this Subdivision: copyright material has the same meaning as in Division 2 of Part VII.