23C Matters to be included in application under subsection 135J (3) of the Act
An application to the Tribunal under subsection 135J (3) of the Act must:
(e) give the following particulars for assessment by use of a sampling system:
(i) the extent of copying of broadcasts;
(ii) the extent to which copies of broadcasts are communicated;
(f) ask the Tribunal to determine a sampling system to be used to assess:
(i) the extent to which copies of broadcasts are made by, or on behalf of, the administering body in a particular period; and
(ii) the extent to which communications of such copies are made by, or on behalf of, the administering body in a particular period; and
(iii) any other matters that are necessary or convenient to be assessed by use of a sampling system.
23CA Matters to be included in application under subsection 135JA (1) of the Act
An application to the Tribunal under subsection 135JA (1) of the Act must:
(e) give the following particulars based on assessment by use of an agreed system under subsection 135JA (3) of the Act:
(i) the extent to which copies of broadcasts are made by, or on behalf of, the administering body in a particular period;
(ii) the extent to which communications of such copies are made by, or on behalf of, the administering body in a particular period;
(f) ask the Tribunal to determine an amount (whether an annual amount or otherwise) that is equitable remuneration for:
23CB Matters to be included in application under subsection 135JA (3) of the Act
An application to the Tribunal under subsection 135JA (3) of the Act must:
(i) the matters and processes that it is proposed should constitute an agreed system; and
(ii) any other matters that it is proposed should be necessary or convenient to be assessed or taken into account for the purposes of an agreed system; and
(f) ask the Tribunal to determine:
(i) the agreed system to be used, including the matters and processes constituting the agreed system; and
(ii) any other matters that are necessary or convenient to be assessed or taken into account for the purposes of an agreed system that adequately accounts for:
(A) copies of broadcasts made by, or on behalf of, the administering body while the agreed notice is in force; and
(B) communications of such copies made by, or on behalf of, the administering body while the agreed notice is in force.
Note In this regulation, administering body, agreed notice and collecting society have the same meaning as in Part VA of the Act.
Section 23C - Copyright Tribunal (Procedure) Regulations 1969 - Matters to be included in application under subsection 135J (3) of the Act | Zoe
23CC Matters to be included in applications under subsection 135JAA (2) or 135ZWAA (2) of the Act
An application to the Tribunal under subsection 135JAA (2) or 135ZWAA (2) of the Act must:
(a) state if the applicant is an administering body or a collecting society; and
(b) if the applicant is an administering body — state the name of the collecting society; and
(c) if the applicant is a collecting society:
(i) for an application under subsection 135JAA (2) of the Act — give particulars of the notice about the society published in the Gazette under paragraph 135P (1A) (a) or subsection 153BAB (5) of the Act; and
(ii) for an application under subsection 135ZWAA (2) of the Act — give particulars of the notice about the society published in the Gazette under paragraph 135ZZB (1A) (a) or subsection 153DC (5) of the Act; and
(iii) state the name of the administering body; and
(d) explain the circumstances or events giving rise to the application and, in particular:
(i) state that the criteria in subsection 135JAA (1) or 135ZWAA (1) of the Act are met and detail how the criteria are met; and
(ii) for an application under subsection 135ZWAA (2) of the Act — state if the application is made to determine a question to assist future compliance with subparagraph 135ZWAA (1) (a) (i), (ii), or (iii) of the Act; and
(iii) give details of the failed attempt to determine the question by agreement between the administering body and the collecting society; and
(e) ask the Tribunal to determine the question.
23CD Matters to be included in applications under subsection 135K (2A) or 135ZX (2A) of the Act
An application to the Tribunal under subsection 135K (2A) or 135ZX (2A) of the Act must:
(a) state if the applicant is an administering body or a collecting society; and
(b) if the applicant is an administering body — state the name of the collecting society; and
(c) if the applicant is a collecting society:
(i) for an application under subsection 135K (2A) of the Act — give particulars of the notice about the society published in the Gazette under paragraph 135P (1A) (a) or subsection 153BAB (5) of the Act; and
(ii) for an application under subsection 135ZX (2A) of the Act — give particulars of the notice about the society published in the Gazette under paragraph 135ZZB (1A) (a) or subsection 153DC (5) of the Act; and
(iii) state the name of the administering body; and
(d) explain the circumstances or events giving rise to the application and, in particular:
(i) state the day on which the relevant records notice started; and
(ii) state the activity required under subsection 135K (1) or 135ZX (1) of the Act and the matter that needs to be determined; and
(iii) give details of the failed attempt to determine the matter by agreement between the administering body and the collecting society; and
(e) ask the Tribunal to determine the matter.
23CE Matters to be included in reference under paragraph 135P (1A) (c) of the Act
A reference to the Tribunal under paragraph 135P (1A) (c) of the Act must:
(a) state the name of the body; and
(b) state that the body has applied to be declared as the collecting society under section 135P of the Act; and
(c) attach a copy of the application by the body seeking the declaration; and
(d) explain the circumstances or events giving rise to the reference; and
(e) ask the Tribunal to determine the application by declaring the body to be the collecting society under section 135P of the Act or by rejecting the application.
23CF Matters to be included in reference under paragraph 135Q (2) (b) of the Act
A reference to the Tribunal under paragraph 135Q (2) (b) of the Act must:
(a) state the name of the collecting society included in the reference; and
(b) state the provisions of the Act under which it is declared to be the collecting society; and
(c) give particulars of the notice about the declaration of the collecting society published in the Gazette by the Minister or the Tribunal; and
(d) state the matters by which the Minister is satisfied under subsection 135Q (1) of the Act; and
(e) ask the Tribunal to determine the question of whether the declaration of the body as the collecting society should be revoked.
23CG Matters to be included in applications under subsection 135SA (1), 135ZZEA (1), 135ZZWA (1) or 183F (1) of the Act
An application to the Tribunal under subsection 135SA (1), 135ZZEA (1), 135ZZWA (1) or 183F (1) of the Act must:
(a) state if the applicant is a collecting society or a member of a collecting society; and
(b) state if the application is for review of the arrangement adopted, or an arrangement proposed to be adopted, by the collecting society for distributing amounts it collects in a period; and
(c) explain the circumstances or events giving rise to the application; and
(d) give particulars of the arrangement; and
(i) the variation sought to the arrangement; or
(ii) the arrangement sought to be substituted for the arrangement; and
(f) ask the Tribunal to determine the application by making an order confirming the arrangement, varying the arrangement or substituting for the arrangement another arrangement.