97Application under subsection 183(5) of the Act

#### 97 Application under subsection 183(5) of the Act (1) This section applies to an application to the Tribunal to fix terms under subsection 183(5) of the Act for the doing, by the Commonwealth, a State or a person authorised by the Commonwealth or a State, of an act that: (a) is comprised in copyright; and (b) does not infringe copyright because of subsection 183(1) of the Act. (2) The application must set out the circumstances or events giving rise to the application and, in particular, must: (a) identify the work or other subject‑matter to which the application relates; and (b) identify the act; and (c) state whether the applicant is: (i) the owner or exclusive licensee of the copyright in the work or other subject‑matter; or (ii) the Commonwealth; or (iii) a State; and (d) if the applicant is the owner or exclusive licensee of the copyright: (i) state whether the act was or is to be done by the Commonwealth, a State or a person authorised by the Commonwealth or a State; and (ii) if the act was or is to be done by a State or a person authorised by a State—identify the State; and (e) if the applicant is the Commonwealth or a State—state the name of the owner or exclusive licensee of the copyright. > Note: Subsection 183(9) of the Act modifies subsection 183(5) of the Act to apply to the exclusive licensee (if there is one) of the copyright instead of the owner of the copyright. (3) The application must request the Tribunal to fix terms as between the owner or exclusive licensee of the copyright and the Commonwealth or the State for the doing of any of the acts comprised in the copyright under subsection 183(1) of the Act.