WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights RESTRICTED 
IP/N/1/AUS/1/Add.7 
1 June 1995 
(95-1444) 
Original: Englishl 
anglaisl 
ingles 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 1 
Australia 
Addendum 
This addendum reproduces the text of the Copyright Tribunal (Procedure) Regulations, reprinted as 
at 31 January 1984, which is part of Australia's notification of its copyright legislation in accordance with paragraph 
2 of Article 63 of the Agreement on Trade-Related Aspects on Intellectual Property Rights, which was made 
by means of a communication from the Permanent Mission of Australia, dated 5 April 1995. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
NOTIFICATION DES LOIS ET REGLEMENT ATIONS 
AU TITRE DE L'ARTICLE 63.2 DE L'ACCORD1 
Australie 
Addendum 
Par une communication de la Mission permanente de I' Australie en date du 5 avril 1995, l' Australie 
a notifie sa legislation sur le droit d'auteur, conformement aux dispositions du paragraphe 2 de l'article 63 de 
I' Accord sur les aspects des droits de propriete intellectuelle qui touchent au commerce. Le present addendum 
reproduit le texte de la Copyright Tribunal (Procedure) Regulations (Reglementation relative aux procedures 
suivies par les tribunaux en matiere de droit d'auteur), republiee a la date du 31 janvier 1984. 
Consejo de los Aspectos de los Derechos de 
Propiedad Intelectual relacionados con el Comercio 
NOTIFICACION DE LEYES Y REGLAMENTOS DE CONFORMIDAD 
CON EL PA.RRAFO 2 DEL ARTiCULO 63 DEL ACUERD01 
Australia 
Addendum 
En el presente addendum se reproduce el texto del Reglamento del Tribunal del Derecho de Autor 
(Procedimiento) , reimpresion del 31 de enero de 1984, comprendido en la notificacion que, por medio de una 
comunicacion de la Mision Permanente australiana de fecha 5 de abril de 1995, ha hecho Australia de su legislacion 
en materia de derecho de autor de conformidad con el parrafo 2 del articulo 63 del Acuerdo sobre los Aspectos 
de los Derechos de Propiedad Intelectual relacionados con el Comercio. 
'English only/Anglais seulement/Ingles solamente. IP/N/l/AUS/l/Add.7 
Page 2 
Rel!uiation -l, AUSTRALIA I/.;-
-J~""" ... /////d.!.---/77// _.,--;:;-;;.."" ..... 
COPYRIGHT TRIBUNAL (PROCEDURE) 
REGULA TIONS 
In force under the Caprnght Act /968 
Reprinted as at 31 January 1984 
TABLE OF PROVISIONS 
PART I-PRELI~tI~ARY 
-i. Citation 
Commencement 
, Parts 
... Interpretation 
PART Il-GE~ERAL PROVISIONS 
"' Seal of Tribunal 
f, Office or orfices of Secretary 
FiJinl! oi documents 
3. File numbers oi proceedings 
9. Title oiproceedings 
lO. Sealing of documents 
: I. A.ddress lor service 
! 2. Service of documents 
13. SilInine of documents 
1-+. Recording of orders of Tribunal 
15. :'\otification 01 orders of Tribunal and of reasons 
PART III-I:\QUIRIES BY THE TRIBUNAL 
16. AdvertIsement of intended inquiry by Tribunal into royalty payable in respect of records of 
works 
17. 
13. 
19. 
19A. 
19B. 
20. 
21. .,.., 
23. 
24. 
25. 
26. 
27. PART IV--\PPLICATIONS AND REFERENCES TO THE TRIBUNAL 
General provIsIons relating to applications and references to Tribunal 
.-\dvertising of appiications and references 
\tatters to be included in application under section 47 (3) 
\1atters to be included in application under sub-section 538 ( 11) of the Act 
\tatters to be included in application under sub-section 53D ( 10) of the Act 
\tatters to be included in application under section 59 (3) (b) 
\'tatters to be included in application under section 70 (3) 
\1atters to be included in application under section 107 (3) 
\tatters to be included in application under section 108 (I) (a) 
\tatters to be included in application under section 152 (2) 
\'tatters to be included in application under section 152 (12) 
\falters to be included in reference under section 154 
References under section 155 
(P.R.S.I77/83) (R83/410) -Cat. No. 83 1680 8-Recommended retail priceS2.00 il Copyright Tribunal (Procedure/ Re~ulations 
TABLE OF PROVISIO:\fS-cont:nued IP/N/l/AUS/l/Add.7 
Page 3 
Regulation 
28. :\ppiicatlon for leave under section 156 (2) to refer licence scheme to Tribunal 
29. References under section 156 
30. ,-\ppiicatlons under section 157 ( I ) 
31. A. pplica t:ons under section 157 (2) 
32. Applicatlons under section i 57 (3) 
33. Applicauons under section 157 (4) 
33A. AppiicatIons under sub-section 159A ( I ) of the Act 
338. :\ppiicatlons under sub-section 1598 ( I ) of the Act 
33C. .\ pplicatlons to tlX terms under sub-section 183 (5) or t he Act 
34. Application to be made a party to a proceeding 
35. Other aDplicatIOns 
PART V -ANCILLAR Y \1.-\ TTERS 
36. ConsoiidatIon of applications and references 
37. Request as to constitution of Tribunal 
38. Withdrawai of application 
39. Withdrawal of reference licence scheme 
40. Request Jor reference of question of law to Federal Court 
40A. Fixing 01 a new date for hearing or further hearing where a pany makes a request under 
sub-section 161 (1) of the Act 
40B. Prescrioed Deried for purposes of sub-section 161 (2) of the Act 
40C. PrescrIbed period for purposes of sub-section 161 (3) of the Act 
400. Adjournment pending decision of Federal Court 
41. SuspensIOn of orders of Tribunal pending reference of question of law to Federal Court 
42. Proceedinl!S before Tribunal after determination of question of law bv Federal Court 
43. :\mendment of documents .-
PART V[-\lISCELL.-\~EOLJS 
44. Summons to witness 
45. ExtenSIOn or time 
46. Fees 
47. Witnesses feesandexpenses 
48. Power to waive procedural requirements and effect of non-compliance 
THE SCHEDULES 
FIRST SCHEDULE 
Forms 
SECOND SCHEDULE 
Fees 
THIRD SCHEDULE 
Witnesses' Fees and Expenses IP/N/l/AUS/l/Add.7 
Page 4 
.J, AUSTRALIA 1'--­
-:0~"", ... //////.iJ.-­... ////~ .• :i'-"" ...... 
COPYRIGHT TRIBUNAL (PROCEDURE) 
REGULA TIONS 
In force under the Cupyrignr Act 1968 
PART I-PRELIMINARY 
Citation 
1. These Regulations may be cited as the Copyright Tribunal (Procedure) 
Reguiations.1 
Commencement 
2. These Regulations shall come into operation on the date fixed by 
Proclamation under section 2 of the Act. i 
Parts 
3. These Regulations are divided into Parts. as follows: 
Part I -Preliminary (Regulations 1-4) 
Part II -General Provisions (Regulations 5-15) 
Part Ill-Inquiries by the Tribunal (Regulation 16) 
Part IV -Applications and References to the Tribunal (Regulations 17-35) 
Part V -Ancillary Matters (Regulations 36-43) 
Part VI-Miscellaneous (Regulations 44-48). 
Interpretation 
4. (1) In these Regulations. unless the contrary intention appears­
Haddress for service ", in relation to a person. means an address in Australia 
at which documents may be served on the person; 
~'newspaper" includes the Gazette; 
"person" includes an organization within the meaning of Part VI of the Act; 
"proceeding" means a proceeding before the Tribunal; 
"sealed" means sealed with the seal of the Tribunal; 
"the Act" means the Copyright Act 1968; r. 4 Copyright Tribunai (Procedure) Regulations IP/N/l/AUS/l/Add.7 
Page 5 
"the relevant file number". in relation to a proceeding, means the file 
number caused by the Secretary to be allotted to the proceeding in 
pursuance of regulation 8 of these Regulations: 
'"the Secretary" means the Secretary to the Tribunal. 
(2) Where provision is made by the Act or these Regulations specifying the 
persons who are to be the parties to a proceeding, those persons shall be 
deemed. for the purposes of these Regulations. to be parties to any ancillary 
application made under these Regulations in connexion with that proceeding. 
(3) \Vithout limiting the application in relation to these Regulations of 
paragraph (a) of section 46 of the Acts Interpretation Act 1901-1966. an 
expression used in any of these Regulations that-
(a) is also used in a section of the Act for the purposes of which. or of a 
provision of which. that regulation is made; and 
Cb) has. in that section, a defined or other specified meaning, 
has the same meaning in that regulation. 
PART II-GENERAL PROVISIONS 
Seal of Tribunal 
5. (1) There shall be a seal of the Tribunal. which shall be of a design 
approved by the President and shall include-
(a) the Coat of Arms of the Commonwealth. that is to say the armorial 
ensigns and supporters granted to the Commonwealth by Royal 
\Varrant dated the nineteenth day of September. One thousand nine 
hundred and twelve; and 
Cb) the words "Copyright Tribunal", 
(2) The Secretary sha:ll keep a device for affixing the seal of the Tribunal to 
a document. 
(3) Subject to this regulation, the seal of the Tribunal shall be affixed by or 
with the authority of the Secretary to such documents as are required by these 
Regulations or by a direction of the President or of the Tribunal to be sealed 
with the seal of the Tribunal. 
(4) The Secretary shall also keep a stamp, the design of which shall. as 
nearly as practicable. be the same as the design of the seal of the Tribunal. 
(5) A document to which the seal of the Tribunal is required to be affixed 
may be stamped with the stamp referred to in the last preceding sub-regulation 
and. when so stamped. has the same force and effect as if it had been sealed with 
the seal of the Tribunal. 
(6) All courts and all persons acting judicially shall take judicial notice of a 
seal or stamp referred to in this regulation affixed to. or stamped on, a 
document and. in the absence of proof to the contrary, shall presume that it was 
affixed or stamped by proper authority. IP/N/l/AUS/l/Add.7 
Page 6 
Copyright Tribunal i Procedure I Regulations 
Office or offices of Secretary 
6. (1) The Attorney-General shall notify in the Gazette-3 
r. 6 
(a) the address of the office of the Secretary or, if there is more than one 
such office, the address of each of those offices; and 
(b) any change in that address or in any of those addresses. 
(2) An office of the Secretary shall be open for business on every day, other 
than a Saturday or a Sunday or a day that is observed as a noliday in the Public 
Service of the Commonwealth by virtue of section 76 of the Pubic Service Act 
1922-1968 in the place where the office is situated. at such times as the 
President directs. 
Filing of documents 
7. (1) Subject to this regulation, filing of a document with the Secretary 
shall be effected by lodging the document at an office of the Secretary at a time 
when that office is open for business. or by sending the document by post 
addressed to the Secretary at an office of the Secretary, but the document shall 
be deemed not to be filed until it is accepted for filing by the Secretary. 
(2) The Secretary may refuse to accept a document for filing if the 
document does not comply with the provisions of these Regulations applicable 
in relation to the document and shall refuse to accept a document for fifing if 
the prescribed fee has not been paid. 
(3) If the Secretary refuses to accept a document for filing, he shall serve 
notice in writing of the refusal on the person by whom the document was 
lodged or sent and shall state in the notice the reason for the refusal. 
(4) The Secretary shall cause the date on which a document is filed to be 
written on the document and on any sealed copy of the document. 
(5) If the President has directed that, in respect of each document filed 
with the Secretary that is included in a specified class of documents, a specified 
number of copies of the document is also to be filed. a person filing a document 
that is included in that class shall also file that number of copies of the 
document. 
File numbers of proceedings 
8. (1) The Secretary shall cause a file number to be allotted to each 
proceeding. 
(2) The one file number may be allotted to all proceedings that, in the 
opinion of the Secretary, are related to each other. 
Title of proceedings 
9. A document filed with the Secretary, or issued out of an office of the 
Secretary, in relation to a proceeding shall be intituled in accordance with 
Form 1 in the First Schedule to these Regulations. 4 Copyright Tribunal (Procedurel Regulations IP/N/l/AUS/l/Add.7 
Page 7 
r. 10 
Sealing of documents 
10. Where-
(a) a person is required by or under these Regulations to serve on another 
person a sealed copy of a document filed with the Secretary; and 
(b) a copy of the document is lodged by or on behalf of that person with 
the Secretary, 
the Secretary shall cause the document to be sealed and returned to the person 
by whom it was lodged. 
Address for service 
11. (1) A person who files with the Secretary a document instituting, or 
relating to, a proceeding shall specify in the document an address for service. 
(2) The last preceding sub-regulation does not apply in relation to a 
document filed in connexion with a proceeding if the person filing the 
document has previously filed a document with the Secretary in connexion with 
that proceeding specifying such an address. 
(3) A person who has, in connexion with a proceeding, filed with the 
Secretary a document specifying an address for service may at any time file with 
the Secretary a notice. in writing addressed to the Secretary and signed by or on 
behalf of the person, specifying a new address for service. 
~ 
(4) A person filing a notice in accordance with the last preceding 
sub-regulation shall cause a copy of the notice to be served on every party to the 
proceeding within seven days after the notice is filed. 
(5) A reference in these Regulations to a document specifying an address 
for service in relation to a person shall. in relation to a person who has filed a 
notice in accordance with sub-regulation (3) of this regulation, be read as a 
reference to the notice or. if the person has filed more than one such notice, be 
read as a reference to the later or latest of those notices. 
Service of documents 
12. (1) A document that is required or permitted by or under these 
Regulations to be served on a person in connexion with a proceeding may be 
served on the person-
(a) where the person has filed a document with the Secretary specifying an 
address for service-by delivering the document to the person 
personally or by leaving the document at, or by sending the document 
by post addressed to the person at. that address: or 
(b) where the person has not filed such a document-
(i) if the person is a corporation-by delivering the document 
personally to the manager or secretary of the corporation. or, if 
the corporation has a registered office under a law of a State or 
Territory of the Commonwealth. by leaving it at that office or 
by sending it by post addressed to the corporation at that office IP/N/l/AUS/l/Add.7 
Page 8 
Cop.vright Tribunai (Procedure.! RegulatIOns 
r. 12 
or, if the corporatlon does not have such a registered office. by 
sending it by post addressed to the corporation at its, principai 
place of business in Australia: 
(ii) if the person is an organization other than a corporation-by 
delivering the document personaily to the manager. secretary 
or other similar officer of the organization or by sending it by 
post addressed to the organization at its principal place of 
business in Australia: or 
(iii) in any other case-by delivering the document personaily to 
the person or by sending it by post addressed to the person at 
the address of the piace of living or business of the person last 
known to the person serving the document. 
(2) The Tribunal may make an order directing that service of a document 
that is required or permitted by or under these Regulations to be served be 
effected in a manner different from the manner provided by the last preceding 
sub-regulation or that service of the document be dispensed with. 
(3) Proof of the service of any document may be given by means of a 
statutory declaration. 
Signing of documents 
13. Where. in connexion with a proceeding, a person signs a document on 
behalf of another person. the person signing the document shall state in the 
document that he is signing the document on behalf of the other person. 
Recording of orders of Tribunal 
14. (1) The Secretary shall cause each order of the Tribunal and the date 
on which it was made to be recorded in a document signed by him. 
(2) The Secretary shall cause the original of the document referred to in 
the last preceding sub-regulation to be filed in the records of the Tribunal. 
Notification of orders ofTribunai and of reasons 
15. (1) The Tribunal shall, when making an order, state in writing its 
reasons for making the order. 
(2) The Secretary shall cause a copy of the document recording the order 
and of the reasons of the Tribunal to be served on every party to the application 
or reference in respect of which the order was made and shall also cause a copy 
of the document recording the order and of the reasons to be available at each 
of his offices for public inspection when that office is open for business. 
(3) In the last two preceding sub-regulations. "order" does not include an 
interim order or an order that is made in respect of an application that is 
ancillary to another proceeding. 6 Copyright Tribunal (Procedure I Regulations IP/N/l/AUS/l/Add.7 
Page 9 
r. 15 
(4) The President may~ if he thinks fit. direct the Secretary to cause 
particulars of any order of the Tribunal to be published in such newspaper or 
newspapers circulating in Australia as the President determines. 
(5) Sub-regulations (2) and (4) of this regulation do not apply in relation 
to an order the operation of which is suspended pending a reference of a 
question of law to the Federal Court of Australia. 
PART III-I~QUIRIES BY THE TRIBUNAL 
Advertisement of intended inquiry by Tribunal into royalty payable in respect 
of records of works 
16. (1) The President shall fix the time and place for the commencement 
of an inquiry by the Tribunal under section 148 of the Act. 
(2) The Secretary shall cause to be published in such newspaper or 
newspapers circulating in Australia as the President directs, on such date or 
dates as the President specifies but not being earlier than three months or later 
than one month before the time fixed under the last preceding sub-regulation. a 
notice-
(a) stating that the Tribunal has been requested by the Attorney-General 
to hold the inquiry: 
(b) specifying the matter to which the inquiry relates: 
(c) specifying the time and place at which the inquiry is to commence; and 
(d) stating that every person who the Tribunal is satisfied has a substantial 
interest in the matter to which the inquiry relates will be given an 
opportunity of presenting a case to the Tribunal. 
PART IV-APPLICATIONS AND REFERENCES TO THE 
TRIBUNAL 
General provisions relating to applications and references to Tribunal 
17. (1) An application or reference to the Tribunal shall-
(a) be in writing; 
(b) state the name of the person making the application or reference; 
(c) state the general nature of the application or reference and specify the 
provision of the Act or of these Regulations under which the 
application or reference is made: 
(d) subject to the next succeeding sub-regulation. include such other 
matters as are required by these Regulations to be included in an 
application or reference made under that provision: 
( e) be signed by or on behalf of the person making the application or 
reference: and 
(f) be filed with the Secretary. IP/N/l/AUS/1/Add.7 
Page 10 
Copyright Tribunal (Procedure) Regulations 7 
r. 17 
(2) A person desiring to make an application or reference to the Tribunal 
may, with the ieave of the President, omit from the appiication or reference 
such of the particulars required by these Regulations to be included in the 
application or reference as the President specifies but. if the President. when so 
granting leave. directs that other particulars specified by him are to be included 
in the application or reference in lieu of the omitted particulars. the person 
shall include those other particulars in the application or reference. 
(3) Subject to these Regulations. a person making an appiication or 
reference to the Tribunal shall cause notice of the making of the application or 
reference. together with a sealed copy of the application or reference~ to be 
served. within seven days after the application or reference is filed with the 
Secretary, on every other person who. by virtue of the Act or of these 
Regulations. is a party to the application or reference other than a person who 
became a party after the appiication or reference was filed. 
(4) A notice of the making of an application or reference shall­
(a) be in writing; 
(b) be addressed to the person on whom it is served; 
(c) inform the person on whom it is served that the application or 
reference to which the notice relates has been made to the Tribunal 
and that that person is. by virtue of the Act or these Regulations, as the 
case may be, a party to the application or reference: and -r 
(d) be signed by or on behalf of the person making the application or 
reference. 
(5) The President may, and shall if so requested by a party to the 
application or reference. fix a time and place for a preliminary hearing of the 
application or reference (other than an application to which regulation 34 or 
regulation 35 of these Regulations applies or an application or reference in 
respect of which the Tribunal decides not to have a hearing) for the purpose of 
dealing with such matters connected with the application or reference as the 
President directs, and the Secretary shall cause notice of the time and place so 
fixed to be served on the parties to the application or reference and on the 
persons (if any) who have applied to the Tribunal to be made parties to the 
application or reference. 
(6) A request for the fixing of a time and place for a preliminary hearing 
shall-
(a) be in writing addressed to the Secretary; 
(b) specify the date on which the application or reference was filed with 
the Secretary and the relevant file number; 
(c) state the name of the party making the request: 
( d) be signed by or on behalf of that party; and 
( e) be filed with the Secretary. 
(7) The President shall fix a time and place for the hearing of the 
application or reference (other than an application to which regulation 34 of Copyrif{hl Tribunal (Procedure I Regulations 
r. 17 IP/N/l/AUS/l/Add.7 
Page 11 
these Regulations applies or an appiication or reference in respect of which the 
Tribunal decides not to have a hearing), and the Secretary shall cause notice of 
the time and place so fixed to be served on the parties to the application or 
reference and on the persons t if any) who have applied to the Tribunal to be 
made parties to the application or reference and whose applications to be made 
parties have not been previously determined. 
(8) An application to which regulation 34 of these Regulations applies 
shall be dealt with at the preiiminary hearing (if any) or the hearing of the 
proceeding to which it relates. 
Advertising of applications and references 
18. (1) Where an application (other than an application in relation to 
which this regulation does not apply) or a reference is made to the Tribunal, the 
person making the application or reference shall, subject to this regulation, 
cause notice of the making of the application or reference to be advertised in 
each State by being published. within ten days after the filing of the application 
or reference with the Secretary, in a newspaper circulating in that State. 
(2) The President may direct that notice of the making of an application or 
reference specified in the direction need not be advertised. or need not be 
advertised in a State so specified. or that the notice be advertised in a manner 
other than that specified in the last preceding sub-regulation. 
(3) The notice shall-
(a) specify the date on which the application or reference was made and 
the relevant file number: 
(b) state the name. and the address for service, of the person by whom the 
application or reference is made: and 
(c) state the general nature of the application or reference and specify the 
provision of the Act or of these Regulations under which the 
application or reference is made. 
(4) This regulation does not apply in relation to applications under 
sub"section 47 (3), paragraph 59 (3) (b), sub-section 70 (3) or 107 (3), 
paragraph 108 (l) (a), sub-section 159 A (l) or 159B (1) of the Act. or to 
applications to which regulation 34 or 35 applies. 
Matters to be included in application under section 47 (3) 
19. An application to the Tribunal under sub-section (3) of section 47 of 
the Act-
(a) shall set out the circumstances or events giving rise to the application 
and. in particular. shall-
(i) identify the work. or the adaptation of a work. to which the 
application relates: 
(ii) identify the sound recording or cinematograph film to which 
the application relates; IP/N/l/AUS/1/Add.7 
Page 12 
Copyright TribunaL Procedure I Regulations 9 
r. 19 
\ iii., state whether the appiicant is the owner of the copyright In the 
work or the maker of the recording or film: 
(iv) if the applicant is the owner or the copyright-state the name 
of the maker of the recording or riIm: and 
(V) if the applicant is the maker or the recording or film-state the 
name of the owner of the copyright: and 
(b) shall request the Tribunal to determine the amount that is equitable 
remuneration to the owner of the copyright for the making of the 
recording or film. 
Matters to be included in application under sub-section 53B ( 11) of the Act 
19A. An application to the Tribunal under sub-section 53s (11) of the 
Act-
(a) shall set out the circumstances or events giving rise to the application 
and. in particular. shall-
(i) identify the work to which the application relates; 
(ii) state whether the applicant is the owner of the copyright in the 
work or the body administering an educational institution; 
(iii) if the applicant is the owner of the copyright-state the name 
of the body administering an educational institution by or on 
w hose behalf the copies of the work were made; and 
(iv) if the applicant is the body administering an educational 
institution-state the name ot the owner of the copyright; and 
(b) shall request the Tribunal to determine the amount that is equitable 
remuneration to the owner of the copyright for the making of the 
copies of the work. 
Matters to be included in application under sub-section 53n (10) of the Act 
19B. An application to the Tribunal under sub-section 53D (10) of the 
Act-
(a) shall set out the circumstances or events giving rise to the application 
and. in particular. shall--
(i) identify the work to which the application relates; 
(ii) identify the handicapped reader's copy to which the 
application relates; 
(iii) state whether the applicant is the owner of the copyright in the 
work or the body administering an institution assisting 
handicapped readers: 
(iv) if the applicant is the owner of the copyright-state the name 
of the body administering an institution assisting handicapped 
readers; and 
(v) if the applicant is the body administering an institution assisting 
handicapped readers-state the name of the owner of the 
copyright; and 10 Copyright Tribunal (Procedure) Regulations IP/N/1/ADS/1/Add.7 
Page 13 
r. 19B 
(b) shall request the Tribunal to determine the amount that is equitable 
remuneration to the owner of the copyright for the making of the 
handicapped reader's copy. 
Matters to be included in application under section 59 (3) (b) 
20. An application to the Tribunal under paragraph (b) of sub-section (3) 
of section 59 of the Act-
(a) shall set out the circumstances or events giving rise to the application 
and. in particular. shall-
(i) identify the musical work and the literary or dramatic work to 
which the application relates: 
(ii) identify the record to which the application relates; 
(iii) state whether the applicant is the owner of the copyright in the 
musical work or the owner of the copyright in the literary or 
dramatic work~ 
(iv) if the applicant is the owner of the copyright in the musical 
work-state the name of the owner of the copyright in the 
literary or dramatic work: and 
(v) if the applicant is the owner of the copyright in the literary or 
dramatic work-state the name of the owner of the copyright in 
the musical work: and 
(b) shall request the Tribunal to determine the manner in which the 
royalty payable by the maker of the record in respect of the musical 
work and the literary or dramatic work shall be apportioned between 
the owners of the copyrights in those works, 
Matters to be included in application under section 70 (3) 
21. An application to the Tribunal under sub-section (3) of section 70 of 
the Act-
(a) shall set out the events giving rise to the application and. in particular. 
shall-
(i) identify the artistic work to which the application relates; 
(ii) identify the cinematograph film to which the application 
relates: 
(iii) state whether the applicant is the owner of the copyright in the 
work or the maker of the film: 
(iv) if the applicant is the owner of the copyright-state the name 
of the maker of the film; and 
(v) if the applicant is the maker of the film-state the name of the 
owner of the copyright: and 
(b) shall request the Tribunal to determine the amount that is equitable 
remuneration to the owner of the copyright for the making of the film. IP/N/l/AUS/l/Add.7 
Page 14 
Cop);'rignl Tribunal I Procedure; Regulations 11 
r. 22 
Matters to be included in application under section 107 (3) 
22. An appiication to the Tribunal under sub-section (3) of section 107 of 
the Act-
(a) shall set out the circumstances or events giving rise to the application 
and. in particular. shall-
(i) identify the sound recording to which the application relates; 
(ii) 
( .. ) )11 
(iv) identify the record to which the application relates: 
state whether the applicant is the owner of the copyright in the 
recording or the maker of the record; 
if the applicant is the owner of the copyright-state the name 
of the maker of the record: and 
(v) if the applicant is the maker of the record-state the name of 
the owner of the copyright: and 
(b) shall request the Tribunal to determine the amount that is equitable 
remuneration to the owner of the copyright for the making of the 
record. 
"tatters to be included in application under section 108 (1) (a) 
23. An application to the Tribunal under paragraph (a) of sub-section (l) 
of section 108 of the Act-
(a) shall set out the circumstances or events giving rise to the application 
and. in particular. shall-
(i) identify the sound recording to which the application relates; 
(ii) state whether the applicant is the owner of the copyright in the 
recording or the person causing the recording to be heard in 
public: 
(iii) if the applicant is the owner of the copyright-state the name 
of the person causing the recording to be heard in public; and 
(iv) if the applicant is the person causing the recording to be heard 
in public-state the name of the owner of the copyright; and 
(b) shall request the Tribunal to determine the amount that is equitable 
remuneration to the owner of the copyright for the causing of the 
recording to be heard in public. 
Matters to be included in application under section 152 (2) 
24. An application to the Tribunal under sub-section (2) of section 152 of 
the Act shall-
(a) state whether the applicant is a broadcaster or the owner of a 
copyright in a published sound recording; 
(b) if the applicant is an owner of such a copyright-state the name of the 
broadcaster in relation to whom the application is made; 
(c) specify the period in respect of which an order of the Tribunal is is 
sought; and 12 Copyright TribunaL (Procedure) ReguLations IP/N/1/AUS/1/Add.7 
Page 15 
r. 24 
(d) request the Tribunal to make an order determining, or making 
provision for determining, the amount payable by the broadcaster to 
the owners of copyrights in published sound recordings in respect of 
the broadcasting during that period of those recordings by that 
broadcaster. 
Matters to be included in application under section 152 (12) 
25. An application to the Tribunal under sub-section (12) of section 152 of 
the Act shall-
(a) specify the order of the Tribunal to which the application relates; and 
(b) request the Tribunal to amend the order so as to specify the applicant 
as one of the persons among whom the amount specified in, or 
determined in accordance with. the order is to be divided. 
Matters to be included in reference under section 154 
26. (1) A reference of a licence scheme to the Tribunal under section 154 
of the Act shall-
(a) state that the licensor referring the scheme proposes to bring the 
scheme into operaton: 
(b) state whether the scheme relates to licences in respect of literary, 
dramatic or musical works or to licences in respect of sound recordings, ~ 
or to licences both in respect of literary, dramatic or musical works and 
in respect of sound recordings; 
( c) state whether the licensor referring the scheme is the owner or 
prospective owner of the copyright in the works or recordings or is 
acting as agent for the owners or prospective owners in relation to the 
negotiation or granting of such licences: and 
(d) request the Tribunal to make such order, confirming or varying the 
scheme. as the Tribunal considers reasonable in the circumstances. 
(2) The reference shall be accompanied by a copy of the licence scheme. 
References under section 155 
27. (1) A reference of a licence scheme to the Tribunal under section 155 
of the Act shall-
(a) state whether the person referring the scheme is­
(i) the licensor operating the scheme: 
(ii) an organization claiming to be representative of persons 
requiring licences in cases included in a class of cases to which 
the scheme applies: or 
(iii) a person claiming that he requires a licence in a case included in 
a class of cases to which the scheme applies: 
(b) specify the class of cases to which the reference relates; 
(c) state the name of the other party to the dispute that gave rise to the 
reference: IP/N/1/AUS/1/Add.7 
Page 16 
Cop}'right Tribunal I Procedure) Regulations 
(d) set out particulars of the matter in dispute: and 13 
r. 27 
(e) request the Tribunal to make such order. confirming or varying the 
scheme. in so far as it relates to the class of cases to which the reference 
relates. as the Tribunal considers reasonable in the circumstances. 
(2) \Vhere the reference is made by an organization claiming to be 
representative of persons requiring licences. the Tribunal shall~ before 
determining the question whether the organization is reasonably representative 
of the class of persons that it claims to represent. give to every other party to the 
reference. and to every person who has applied to be made a party to the 
reference and whose application has not been determined, an opportunity of 
presenting a case in relation to that question. 
Application for leave under section 156 (2) to refer licence 
scheme to Tribunal 
28. (1) A person desiring the leave of the Tribunal under sub-section (2) 
of section 156 of the Act to refer a licence scheme to the Tribunal under 
sub-section (1) of that section and desiring that the question whether the leave 
should be granted be determined before the preliminary hearing or the hearing 
of the reference shall make an application to the Tribunal in accordance with 
this regulation. 
(2) The application shall-
(a) describe the general nature of the scheme as previously confirmed or 
varied by the Tribunal: 
(b) specify the class of cases in relation to which the applicant wishes to 
refer the scheme to the Tribunal; 
(c) specify the date when the Tribunal last made an order with respect to 
the scheme in relation to that class of cases and the relevant file 
number: 
(d) state the name of the other party to the dispute that gave rise to the 
application: 
( e ) set out particulars of the matter in dispute: 
(f) state the grounds on which leave is sought for the making of the 
reference: and 
(g) request the Tribunal to grant leave to the applicant to refer the scheme 
to the Tribunal in so far as it relates to that class of cases. 
(3) The parties to the application are-
(a) the applicant: 
(b) if the application is not made by the licensor operating the 
scheme-that licensor; and 
(c) such other persons (if any) as apply to the Tribunal to be made parties 
to the application and, in accordance with the next succeeding 
sub-regulation, are made parties to the application. 14 Copyright Tribunal (Procedure! Regulations IP/N/1/AUS/1/Add.7 
Page 17 
r. 28 
(4) \Vhere a person applies to the Tribunal to be made a party to the 
application and it appears to the Tribunal that the person has a substantial 
interest in the operation of the scheme in so far as it relates to the class of cases 
specified in the application. the Tribunal may~ if it thinks fit. make that person a 
party to the application. 
(5) The Tribunal shall consider the application and. after giving to the 
parties to the application an opportunity of presenting their cases, shall make 
such order. either granting or refusing the application. as the Tribunal thinks 
fit. 
References under section 156 
29. (1) :\ reference of a licence scheme to the Tribunal under section 156 
of the Act shall-
(a) specify the date when the Tribunal last made an order with respect to 
the scheme that is applicable in the class of cases to which the reference 
relates and the relevant file number; 
(b) state whether the person referring the scheme is­
(i) the licensor operating the scheme: 
(ii) an organization claiming to be representative of persons 
requiring licences in cases included in the class of cases to which 
the order applies; or -, 
(iii) a person claiming that he requires a licence in a case included in 
that class; 
(c) specify the class of cases to which the reference relates; 
(d) state the name of the other party to the dispute that gave rise to the 
reference; 
( e) set out particulars of the matter in dispute: 
(t) where leave of the Tribunal is required for the making of the 
reference-
(i) if that leave has already been granted-specify the date when 
the Tribunal granted the leave and the relevant file number; 
and 
(ii) in any other case-state the grounds on which leave is sought 
for the making of the reference and request the Tribunal to 
grant leave for the making of the reference; and 
(g) request the Tribunal to make such order in relation to the scheme as 
previously confirmed or varied, in so far as it relates to cases included 
in the class of cases to which the reference relates. whether by way of 
confirming, varying or further varying the scheme, as the Tribunal 
considers reasonable in the circumstances. 
(2) Sub-regulation (2) of regulation 27 of these Regulations applies for the 
purposes of this regulation. IP/N/1/AUS/1/Add.7 
Page 18 
Copyrighl Tribunai (Procedure) Reguialions 15 
r. 30 
Applications under section 157 (1) 
30. (1) An appiication to the Tribunal under sub-section (1) of section 
157 of the Act- ' 
(a) shall set out the circumstances or events giving rise to the application 
and. in particular. shall-
(i) specify the case in which a licence is required by the applicant: 
(ii) specify the licence scheme applicable in that case: 
(iii) state the name of the licensor operating the scheme: and 
(iv) specify the date or the approximate date on which the 
applicant requested the licensor to grant him a licence in 
accordance with the scheme. or to procure the grant to him of 
such a licence: and 
(b) shall request the Tribunal to make an order specifying the charges. if 
any, and the conditions. that the Tribunal considers to be applicable in 
accordance with the scheme in relation to the applicant. 
(2) The licensor is a party to the application. 
Applications under section 157 (2) 
31. (1) An application to the Tribunal under sub-section (2) of section 
157 of the Act-
(a) shall set out the circumstances or events giving rise to the application 
J and. in particular. shall-
(i) specify the case in which a licence is required by the applicant: 
(ii) specify the licence scheme applicable in that case: 
(iii) state the name of the licensor operating the scheme: and 
(iv) specify the charges or conditions to which the grant of a licence 
in accordance with the scheme would. in that case. be subject 
and which are claimed by the applicant to be unreasonable in 
the circumstances of the case: and 
(b) shall req uest the Tribunal to make an order specifying the charges, if 
any, and the conditions, that the Tribunal considers reasonable in the 
circumstances in relation to the applicant. 
(2) The licensor is a party to the application. 
Applications under section 157 (3) 
32. (1) An application to the Tribunal under sub-section (3) of section 
157-
(a) shall set out the circumstances or events giving rise to the application 
and. in particular. shall-
(i) specify the case in which a licence is required by the applicant; 
(ii) state the name of the licensor concerned; 
(iii) if paragraph (a) of that sub-section is applicable-specify the 
date or the approximate date on which the applicant requested 16 Copyright TribunaL (Procedure I Regulations IP/N/l/AUS/1/Add.7 
Page 19 
r. 32 
the licensor to grant him a licence or to procure the grant to him 
of a licence: and 
(iv) if paragraph (b) of that sub-section is applicable-specify the 
charges or conditions to which the licensor proposes that the 
licence should be subject and which are claimed by the 
applicant to be unreasonable: and 
(b) shall request the Tribunal to specify the charges, if any, and the 
conditions, that the Tribunal considers reasonable in the circumstances 
in relation to the applicant. 
(2) The licensor is a party to the application. 
Applications under section 157 (4) 
33. (1) An application to the Tribunal under sub-section (4) of section 
157 of the Act-
(a) shall set out the circumstances or events giving rise to the application 
and, in particular, shall-
(i) specify the cases in which licences are required by persons 
represented by the applicant; 
(ii) state the name of the licensor concerned: 
(iii) if paragraph (a) of that sub-section is applicable-specify the 
dates or the approximate dates on which the licensor was 
requested to grant licences to persons represented by the 
applicant, or to procure the grant of such licences; and 
(iv) if paragraph (b) of that sub-section is applicable-specify the 
charges or conditions to which the licensor proposes that 
licences to be granted to persons represented by the applicant 
should be subject and which are claimed by the applicant to be 
unreasonable: and 
(b) shall request the Tribunal to specify the charges, if any, and the 
conditions, that the Tribunal considers reasonable in the circumstances 
in relation to the persons represented by the applicant. 
(2) The licensor is a party to the application. 
Applications under sub-section 159A (I) of the Act 
33A. An application to the Tribunal by the Attorney-General under 
sub-section 159 A ( 1) of the Act shall-
(a) identify the body administering an educational institution in respect of 
which the application for an order suspending the application of 
sub-sections 53a (1) and (2) of the Act is made; 
(b) set out details of the offences against sub-section 203A (2) of the Act 
of which that body has been convicted; 
( c) annex certified copies of the convictions for those offences; and IP/N/l/AUS/l/Add.7 
Page 20 
Copyright Tribunal (Procedure I Regulations 17 
r. 33A 
( d) specify the period recommended in respect of the order, applied for to 
suspend the application of sub-sections 53B (1) and (2) of the Act in 
relation to that body administering an educational institution. 
Applications under sub-section 159B (1) of the Act 
33B. An application to the Tribunal under sub-section 159B (1) of the Act 
shall-
(a) identify the order under sub-section 159A (1) of the Act to which the 
application relates; 
(b) annex a certified copy of that order; 
( c) set out details of the steps taken since the making of the order by the 
body making the application to ensure that no further contravention of 
sub-section 203A (2) of the Act will occur: and 
(d) request the Tribunal to revoke the order to which the application 
relates. 
Applications to fix terms under sub-section 183 (5) of the Act 
33C. An application to the Tribunal to fix terms under sub-section 183 (5) 
of the Act for the doing of an act comprised in the copyright by the 
Commonwealth or a State or a person authorized in writing by the 
Commonwealth or a State-
(a) shall set out the circumstances or events giving rise to the application 
and, in particular. shall-
(i) identify the work or other subject-matter to which the 
application relates; 
(ii) identify the act comprised in the copyright that was done, or is 
proposed to be done, under sub-section 183 (1); 
(iii) state whether the applicant is the owner of the copyright in the 
work or other subject-matter or the Commonwealth or a State; 
(iv) if the applicant is the owner of the copyright-state whether 
the act that was done, or is proposed to be done, under 
sub-section 183 (1) was done, or is proposed to be done, by the 
Commonwealth or a State, and if done or proposed to be done 
by a State, identify the State; and 
(v) if the applicant is the Commonwealth or a State-state the 
name of the copyright owner; and 
(b) shall request the Tribunal to fix terms as between the copyright owner 
and the Commonwealth or the State for the doing of any of the acts 
comprised in the copyright under sub-section 183 (l). 
Application to be made a party to a proceeding 
34. (1) An application to the Tribunal to be made a party to a proceeding 
shall-
(a) specify the date when the proceeding was instituted and the relevant 
file number; 18 Copyright Tribunal (Procedure I Regulations IP/N/1/AUS/l/Add.7 
Page 21 
r. 34 
(b) set out the interest of the applicant-
(i) where the proceeding is an application under section 152 of the 
Act-in the matter that is the subject of that application; 
(ii) where the proceeding is a reference under section 154 of the 
Act-in the operation of the scheme to which the reference 
relates: 
(iii) where the proceeding is a reference under section 155 or 
section 156, or an application under section 157, of the Act-in 
the matter in dispute; and 
(iv) where the proceeding is an application for leave of the Tribunal 
under sub-section (2) of section 156 of the Act to refer a licence 
scheme to the Tribunal-in the operation of the scheme in so 
far as it relates to the class of cases specified in that application; 
and 
(c) request the Tribunal to make the person a party to the proceeding. 
(2) The Tribunal shall give to the applicant, to every party to the 
proceeding, and to every other person who has applied to be made a party to 
the proceeding and whose application has not been determined, an opportunity 
of presenting a case. 
Other applications 
35. (1) A party to a proceeding (other than an application to which the 
last preceding regulation applies) may apply to the Tribunal requesting the 
Tribunal to make an order with respect to any matter relating to the 
proceeding. 
(2) The application shall specify the date when the proceeding was 
instituted and the relevant file number and shall set out the circumstances or 
events giving rise to the application. 
(3) A party to the proceeding may consent to the making of the order 
sought by the application. 
(4) The consent of a party may be endorsed on the application or set out in 
a separate document filed with the Secretary but, if the consent is set out in a 
separate document that is not filed with the application, that party shall serve a 
copy of the document on the applicant within seven days after the document is 
filed. 
(5) Service of notice of the making of the application, or of a copy of the 
application, is not required to be effected on a party to the proceeding who has 
consented to the making of the order sought by the application and service of 
such a notice or copy on any other person may, with the leave of the President 
or of the Tribunal, be dispensed with. 
(6) A party to the proceeding may lodge an objection to the application by 
filing with the Secretary a notice of objection within fourteen days after the 
notice of the making of the application was served on him. : IP/N/l/AUS/l/Add.7 
Page 22 
Copyright Tribunal (Procedurei Regulations 19 
r. 35 
(7) A person lodging an objection shall cause a sealed copy of the notice of 
objection to be served on the applicant within seven days after notice of the 
objection is filed with the Secretary. 
(8) A notice of objection shall-
(a) be in writing addressed to the Secretary; 
(b) specify the date on which the application was filed with the Secretarv 
and the relevant file number. . 
( c) state the name of the party lodging the objection; 
(d) state the grounds of the objection; and 
( e ) be signed by or on behalf of the party lodging the objection. 
(9) The Tribunal shall consider the application and. subject to the next 
succeeding sub-regulation, may make such order in relation to the application 
as the Tribunal considers reasonable in the circumstances. 
(10) The Tribunal shall not refuse the application in whole or in part 
without giving the applicant an opportunity of presenting his case and, if an 
objection has been lodged to the application, shall not grant the application in 
whole or in part without giving the party by whom the objection was lodged an 
opportunity of presenting his case. 
PART V-ANCILLARY MATTERS 
Consolidation of applications and references 
36. (1) Where two or more applications are pending before the Tribunal, 
the Tribunal may, of its own motion or on the application of a party to any of 
the applications, direct that some or all of the applications be considered 
together and may give such consequential directions as the Tribunal considers 
necessary. 
(2) Where two or more references are pending before the Tribunal in 
relation to the one licence scheme, the Tribunal may, of its own motion or on 
the application of a party to any of the references, direct that some or all of the 
references be considered together and may give such consequential directions as 
the Tribunal considers necessary. 
(3) Before giving a direction under either of the last two preceding 
sub-regulations, the Tribunal shall give each party to each of the applications or 
references concerned an opportunity of presenting a case. 
Request as to constitution of Tribunal 
37. (1) A request under paragraph (b) of sub-section (3) of section 146 of 
the Act by a party to an application or reference that the Tribunal be 
constituted by more than one member for the purposes of that application or 
reference shall-
(a) be in writing addressed to the Secretary; 20 Copyright Tribunal (Procedure) Regulations IP/N/l/ADS/l/Add.7 
Page 23 
r. 37 
(b) specify the date on which the application or reference was filed with 
the Secretary and the relevant file number~ 
(c) state the name of the party making the request: 
( d) be signed by or on behalf of that party; and 
( e) be filed with the Secretary before the Tribunal begins to consider the 
application or reference. 
(2) The party making the request shall cause a sealed copy of the request to 
be served. within seven days after the request is filed with the Secretary, on 
every other party to the application or reference. 
Withdrawal of application 
38. (1) A person who has made an application to the Tribunal may, with 
the leave of the Tribunal. withdraw the application at any time before the 
Tribunal has determined the application. 
(2) The leave of the Tribunal under the last preceding sub-regulation may 
be granted unconditionally or subject to such conditions as the Tribunal thinks 
reasonable. 
(3) Where the Tribunal has granted leave for the withdrawal of an 
application, the withdrawal shall be effected by-
(a) the filing with the Secretary of a notice in writing­
( i) addressed to the Secretary; 
(ii) specifying the date on which the application was made and the 
relevant file number; 
(iii) stating that the person who made the application withdraws 
the application; and 
(iv) signed by or on behalf of that person; and 
(b) the serving of a sealed copy of the notice on every party to the 
application. 
Withdrawal of reference licence scheme 
39. The withdrawal under sub-section (6) of section 154 of the Act, or 
sub-section (7) of section 155 of the Act (including that sub-section as having 
effect by reason of sub-section (5) of section 156 of the Act), of a reference of a 
licence scheme shall be effected by-
(a) the filing with the Secretary of a notice in writing­
( i) addressed to the Secretary; 
(ii) specifying the date on which the scheme was referred and the 
relevant file number; 
(iii) stating that the person who referred the scheme withdraws the 
reference; and 
(iv) signed by or on behalf of that person; and 
(b) the serving of a sealed copy of the notice on every party to the 
reference. IP/N/l/AUS/l/Add.7 
Page 24 
Copynght Tribunal (Procedure I Regulations 
Request for reference of question of law to Federal Court 21 
r. 40 
40. (1) For the purposes of sub-section (1) of section 161 of the Act. a 
request to the Tribunai for the reference of a question of law in a proceeding to 
the Federal Court of Australia shall-
(a) be in writing addressed to the Secretary; 
(b) state the name of the party making the requesc 
(c) specify the question of law: 
(d) request the Tribunal to refer that question to the Federal Court of 
Australia: 
(e) be signed by or on behalf of the party making the request; and 
(f) be filed with the Secretary. 
(2) The party making the request shall cause notice of the making of the 
request. together with a sealed copy of the request, to be served on every other 
party to the proceedings-
(a) in the case where the hearing of the proceeding to which the request 
relates. has not commenced or has been adjourned-within 7 days 
after the filing of the request with the Secretary but not later than the 
date fixed for the commencement of the hearing or to which the 
hearing has been adjourned: or 
(b) in any other case-within 7 days after the filing of the"request with the 
Secretary. 
(3) For the purposes of the last preceding sub-regulation, a notice of the 
making of a request-
(a) shall be in writing addressed to the party on whom it is served; and 
(b) shall inform that party that he may, within twenty-one days after 
service of the notice. present a case in writing to the Tribunal in 
relation to the request. 
(4) The party making the request may within twenty-one days after the 
request is filed with the Secretary, and every other party to the proceeding may 
within twenty-one days after service on that party of the notice of the making of 
the request, present a case in writing to the Tribunal in relation to the request 
and the Tribunal may, if it thinks fit, give to each of those parties an 
opportunity of presenting a case orally to the Tribunal. 
(5) The Secretary shall cause notice of the decision of the Tribunal on the 
request to be served on the party that made the request and on every other 
party that presented a case to the Tribunal in relation to the request or notified 
the Tribunal that the party wished to be informed of the decision. 
Fixing of a new date for hearing or further hearing where a party makes a 
request under sub-section 161 (1) of the Act 
40A. (1) Where a party makes a request under sub-section 161 (1) of the 
Act in a proceeding and a date has been fixed for the hearing or a further 
hearing of that proceeding that is less than 28 days from the: date of the filing of Copyright Tribunal (Procedure) Regulations 
r. 40A IP/N/l/AUS/l/Add.7 
Page 25 
the request. the President shall fix a new date for the hearing or further hearing 
of that proceeding that is more than 28 days from the date of the filing of the 
request. 
(2) The Secretary shall cause notice of the date fixed by the President 
under sub-regulation ( 1 ) to be served on the parties to the proceeding. 
Prescribed period for purposes of sub-section 161 (2) of the Act 
408. For the purposes of sub-section 161 (2) of the Act. the prescribed 
period is 28 days from the date on which the Tribunal gave its decision. 
Prescribed period for purposes of sub-section 161 (3) of the Act 
40C. For the purposes of sub-section 161 (3) of the Act, the prescribed 
period is 28 days from the date on which the Tribunal refuses the request for a 
reference. 
Adjournment pending decision of Federal Court 
40D. Where the Tribunal refers a question of law arising in proceedin~ 
before it for determination by the Federal Court of Australia under sub-section 
161 (1) of the Act, being proceedings in which the Tribunal has not given its 
decision. the Tribunal shall adjourn its hearing of those proceedings until the 
question referred has been heard and determined by the Federal Court of 
Australia. 
Suspension of orders of Tribunal pending reference of question of law to 
Federal Court 
41. (1) Where, after the date on which the Tribunal has given its decision 
in a proceeding, the Tribunal refers to the Federal Court of Australia a question 
of law that arose in the course of the proceeding, the Tribunal may, if it thinks 
fit, suspend the operation of any order made by the Tribunal in the proceeding. 
(2) Where an order of the Tribunal is so suspended. the Secretary shall 
cause notice in writing of the suspension to be served on every party to the 
proceeding and, if particulars of the order have been published in pursuance of 
a direction under sub-regulation (4) of regulation 15 of these Regulations. shall 
cause particulars of the suspension to be published in such newspaper or 
newspapers circulating in Australia as the President directs. 
Proceedings before Tribunal after determination of question of law by 
Federal Court 
42. (1) Where a question of law arising in a proceeding has been referred 
to. and determined by, the Federal Court of Australia in pursuance of section 
161 of the Act, any party to the proceeding before the Court may file with the 
Secretary an office copy of the order of the Court. 
(2) Subject to the next succeeding sub-regulation, when a copy of the order 
of the Federal Court of Australia has been filed in pursuance of the last 
preceding sub-regulation, the President shall fix a time and place for 'the IP/N/l/ADS/l/Add.7 
Page 26 
Copyright Tribunal (Procedure! Regulations 23 
r. 42 
resumption of the hearing of the proceeding and the Secretary shall cause 
notice of the time and place so fixed to be served on the parties to the 
proceeding. 
(3) The last preceding sub-regulation does not apply where the question of 
law was referred to the Federal Court of Australia after the Tribunal had given 
its decision in the proceeding and that decision is consistent with the 
determination of the F ederai Court of Australia. 
Amendment of documents 
43. (1) The Tribunal may grant leave to a party to a proceeding to amend 
a document previously filed with the Secretary by that party in connexion with 
that proceeding. 
(2) The leave of the Tribunal under the last preceding sub-regulation may 
be granted unconditionally or subject to such conditions as the Tribunal thinks 
reasonable. 
(3) Where leave is granted to a party to a proceeding to amend a 
document. the party shall file with the Secretary a statement of the 
amendments and. upon the filing of the statement. the amendments shall be 
deemed to be made. 
(4) The party filing the statement shall cause a sealed copy of the statement 
to be served on every other party to the proceeding within seven days after the 
statement is filed. 
(5) Nothing in this regulation prevents a person filing a notice specifying a 
new address for service in accordance with regulation 11 of these Regulations. 
PART VI-~tISCELLANEOUS 
Summons to witness 
44. (1) A summons to a witness under sub-section (2) of section 167 of the 
Act shall be substantially in accordance with Form 2 in the First Schedule to 
these Regulations. 
(2) A summons under sub-section {2) of section 167 of the Act shall be 
served on a person by-
(a) delivering a copy of the summons to the person personally; and 
(b) showing the summons to the person at the time at which the copy is 
delivered to him. 
Extension of time 
45. The Tribunal or the President may, whether before or after the. 
expiration of the time prescribed or allowed by or under these Regulations for 
the filing of a document with the Secretary, the serving of a document on a 
person or the doing of any other act. extend that time fot such period or 24 
r. 45 Copyright Tribunal (Procedure) Regulations IP/N/l/AUS/l/Add.7 
Page 27 
periods. and subject to such conditions. as the Tribunal or the President thinks 
fit. 
Fees 
46. The fees specified in the Second Schedule to these Regulations are 
payable in respect of the matters in relation to which they are so specified. 
Witnesses' fees and expenses 
47. (1) A person who-
(a) attends to give evidence in a proceeding; 
(b) attends to give evidence and produce documents or articles m a 
proceeding; or 
(c) attends to produce documents or articles in a proceeding, 
in accordance with a summons. or at the request of a party to the proceeding or 
of the Tribunal, is entitled. whether or not he is called to give evidence or to 
produce documents or articles, to payment of fees and expenses in accordance 
with the scale of witnesses' fees and expenses set out in the Third Schedule to 
these Regulations (less any amount previously paid to him for his expenses of 
attendance) . 
(2) Payment of fees and expenses to a witness shall be made by the person 
on whose behalf the witness is summoned or at whose request the witness 
attends or, if the witness is summoned or requested to attend on behalf of the 
Tribunal. by the Commonwealth. 
Power to wahe procedural requirements and effect of non-compliance 
48. (1) Subject to the Act. the Tribunal may, in relation to any proceeding, 
in special circumstances, and either absolutely or subject to conditions, exempt 
a person from compliance with any procedural requirements of these 
Regulations. 
(2) Subject to the Act. non-compliance with any of these Regulations does 
not render void a proceeding or an order of the Tribunal. but the proceeding or 
order may be set aside either wholly or in part as irregular, or amended, or 
otherwise dealt with, by the Tribunal in such manner and upon such terms as 
the Tribunal thinks fit. IP/N/l/AUS/l/Add.7 
Page 28 
Copyright Tribunal (Procedure) Regulations 
In the Copynght Tribunal 
File No. 
Application (or Reference 1 by 
or 
Re Application [or Reference J by 
or 
Re Inquiry into 
To [name and address ~rwi(ness). THE SCHEDULES 
FIRST SCHEDULE 
FORM I 
TITLE OF PROCEEDING 
Commonwealth of Australia 
Copyright Act J 968 
FORM 2 
(Title) 
SUMMONS TO WITNESS 
You are hereby summoned to attend before the Copyright Tribunal at [place] on 25 
Regulation 9 
Regulation 44 
, 19 , at o'clock in the noon, and thereafter from day to 
day until the hearing of proceedings in relation to the abovementioned application (or reference or 
inquiry 1 is compieted or until you are released from further attendance. 
2. You are required to attend before the Tribunal for the purpose oi giving evidence in the 
proceedings. 
* 3. You are reqUIred to bring with you and produce the following documents [or articles or 
documents and articles J: 
[Here set OUl documents or articles required.] 
Dated this day of . 19 
President [or Deputy President or Member] 
of the Copyright Tribunal. 
·1 nsen If applicable. 
Column I 
Item SECOND SCHEDULE 
Column 2 
Matter FEES 
For a photographic copy of a document-
(a) for one page ............ . 
(b) for each additional page . . . . . . 
For a copy of the reasons for an order made by the Tribunal­
(a) foronepage 
(b) for each additional page Regulation 46 
Column 3 
Fee 
$ 
0.80 
0.20 
0.80 
0.20 26 COPJ'right Tribunal (Procedure) Regulations 
THIRD SCHEDULE 
Wlr'~ESSES' FEES AND EXPE;-.JSES IP/N/l/AUS/l/Add.7 
Page 29 
Regulation 47 
Witness called because of hIs professional. scientific or other speCIal skill or 
knowledge-such amount as the Tribunal. or the person taxing costs in relation to the 
proceeding. dete:-mmes. being-
;\joliess than -per day 
:"-lot more than-per day 
Other witness-$54.00 
$270.00 
If remunerated in his occupation by wages. salary or fees. the amount of wages. salary 
or fees lost. by reason of the attendance. but not exceeding per day S50.00 
$30.00 In any other case-per day 
I n addition to the above fees-
(a) a witness may be allowed such sum as the Tribunal. or the person taxing costs in relation to the 
proceeding, thinks reasonable for the expenses of conveyance of the witness to and from the 
place where he attends to give evidence or to produce documents or articles and. if he is 
required to be absent overnight from his usual place of residence. for accommodation and 
sustenance: and 
(b) a witness called because of his professional. scientific or other special skill or knowledge may 
be allowed such fees as the Tribunal. or the person taxing costs in relation to the proceeding. 
thinks reasonable for-
(i) qualifying to give the evidence; and 
(ii) an attendance before the Tribunal not covered by the foregoing provisions of this 
Schedule when the witness is acting as an expert in assisting a representative of a party 
during the hearing. 
NOTE 
I. The Copyright Tribunal (Procedure) Regulations (in force under the Copyright Act 
1968) as shown in this reprint comprise Statutory Rules 1969 No. 59 amended as 
indicated in the Tables below. 
Year and 
number 
1969 No. 59 
1974 No. 186 
1983 No. 125 Table of Statutory Rules 
Date 01 
notification 
in Gazelle 
28 Apr 1969 
150ct 1974 
5 Aug 1983 Date of 
commencement 
1 May 1969 (see r. 2 and 
Gazelle 1969. p. 2543) 
150ct 1974 
5 Aug 1983 
Table of Amendments Application. saving 
or transitional 
provisions 
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted 
Provision affected 
R.15 
R.18 
Rr.19A.19B 
Rr.33A-33c 
R.40 How affected 
am. 1983 No. 125 
am. 1983 No. 125 
ad. 1983 No. 125 
ad. 1983 No. 125 
am. 1983 No. 125 IP/N/l/AUS/l/Add.7 
Page 30 
Copyright Tribunal (Procedure) Regulations 
~OTE-continued 
Table of Amendments-continued 
ad. = added or inserted am. = amended rep. = reoealed rs. = repealed and substituted 
Provision affected 
Rr.40A-400 
Rr. 41. 42 
Second Schedule 
Third Schedule How affected 
ad. 1983 No. 125 
am. 1983 No. 125 
am. 1974 No. 186 
rs. 1983 No. 125 
am. 1983 No. 125 
© Commonwealth of Australia 1984 27 
The Copyright Act J 968 permits certain reproduction and publication of this legislation. In 
particular section 182A of the Act enables a complete copy to be made by or on behalf of a person 
for a particular purpose. For reproduction or publication beyond that permitted by the Act. 
permission should be sought in writing from "The Secretary, Attomey-General's Department. 
Canberra, A.C.T. 2600". 
Printed by Authority by the Commonweafth Government Printer 