Page:Australian Copyright Act 1968 (63 of 1968).pdf/59

copyright in the work or any body of persons (whether corporate or unincorporate) acting as agent for the owner or prospective owner in relation to the negotiation or granting of such licences; and

(b) in relation to licences in respect of a sound recording-the owner or prospective owner of the copyright in the recording or any body of persons (whether corporate or unincorporate) acting as agent for the owner or prospective owner in relation to the negotiation or granting of such licences;

“member” means a member of the Tribunal;

“order” includes an interim order;

“organization” means an organization or association of persons whether corporate or unincorporate;

“party” includes a person making representations to the Tribunal at an inquiry under section 148 of this Act;

“proceeding”, in relation to the Tribunal, includes an inquiry by the Tribunal under section 148 of this Act;

“the Deputy President” means the Deputy President of the Tribunal;

“the President” means the President of the Tribunal.

(2.) In this Part—

(a) a reference to conditions is a reference to any conditions other than conditions relating to the payment of a charge;

(b) a reference to giving an opportunity to a person or organization of presenting a case is a reference to giving the person or organization an opportunity, at the option of the person or organization, of submitting representations in writing, or of being heard, or of submitting representations in writing and being heard;

(c) a reference to a person who requires a licence of a particular kind includes a reference to a person who holds a licence of that kind if the person will, at the expiration of the period for which the licence was granted, require a renewal of that licence or a grant of a further licence of the same kind; and

(d) a reference to proceedings for infringement of copyright includes a reference to proceedings brought in respect of an alleged contravention of sub-section (5.) of section 132 of this Act.

(3.) For the purposes of this Part, a person shall not be taken not to require a licence to cause a sound recording to be heard in public by reason only of the operation of section 108 of this Act.

Cases to which licence schemes apply. 137.—(1.) For the purposes of this Part, a case shall, subject to the next succeeding sub-section, be deemed to be a case to which a licence scheme applies if, in accordance with a licence scheme for the time being in operation, a licence would be granted in that case.