23JMatters to be included in application under subsection 135ZWA (2) of the Act

23J Matters to be included in application under subsection 135ZWA (2) of the Act

An application to the Tribunal under subsection 135ZWA (2) of the Act must:

(i) give particulars of the notice relating to it published in the Gazette under section 135ZZB of the Act including (if applicable) details of the classes of relevant copyright owners specified in the notice; and

(i) the matters and processes that are proposed should constitute an electronic use system; and

(ii) any other matters that it is proposed should be necessary or convenient to be assessed and taken into account for the purposes of an electronic use system; and

(f) ask the Tribunal to determine:

(i) the electronic use system to be used, including matters and processes constituting the system; and

(ii) any other matters that are necessary or convenient to be assessed or taken into account for the purposes of an electronic use system that adequately accounts for licensed copies and licensed communications made by, or on behalf of, the administering body while an electronic use notice is in force.

Note In this regulation, administering body, collecting society and licensed copy have the same meaning as in Part VB of the Act.

23JA Matters to be included in references under paragraph 135ZZB (1A) (c) or 135ZZT (1A) (c) of the Act

A reference to the Tribunal under paragraph 135ZZB (1A) (c) or 135ZZT (1A) (c) of the Act must:

(a) state the name of the body included in the reference; and

(b) explain the circumstances or events giving rise to the reference; and

(c) state that the body has applied to be declared as a collecting society under section 135ZZB or 135ZZT of the Act; and

(d) state whether the declaration sought is as a collecting society for all relevant copyright owners or for classes of relevant copyright owners; and

(e) if there is another body at present declared in relation to those copyright owners as a collecting society under section 135ZZB or 135ZZT of the Act — state the name of the other body; and

(f) ask the Tribunal to determine the application by declaring the body to be a collecting society under section 135ZZB or 135ZZT of the Act or by rejecting the application.

23JB Matters to be included in references under paragraph 135ZZC (2) (b) or 135ZZU (2) (b) of the Act

A reference to the Tribunal under paragraph 135ZZC (2) (b) or 135ZZU (2) (b) of the Act must:

(a) state the name of the collecting society; and

(b) state the provisions of the Act under which it is declared to be a collecting society; and