(2.) For the purposes of this Part, where, in accordance with a licence scheme—
- (a) the licences that would be granted would be subject to conditions by virtue of which particular matters would be excepted from the licences; and
- (b) a case relates to one or more matters falling within such an exception,
that case shall be deemed not to be a case to which the scheme applies.
Division 2.—Constitution of the Tribunal.
Constitution of Tribunal. 138. There is hereby established a Copyright Tribunal, which shall consist of five members.
Appointment of members of Tribunal. 139. A member of the Tribunal shall be appointed by the Governor-General.
Qualifications of members. 140. A person shall not be appointed as a member unless he is or has been—
- (a) a justice or judge of a federal court or of the Supreme Court of a State; or
- (b) a barrister or solicitor of the High Court, or of the Supreme Court of a State or of a Territory of the Commonwealth, of not less than five years’ standing.
Tenure of office. 141. A member holds office for such period, not exceeding seven years, as is specified in the instrument of his appointment, but is eligible for re-appointment.
President and Deputy President of the Tribunal. 142.—(1.) The Governor-General shall appoint one of the members of the Tribunal to be the President of the Tribunal and another of the members of the Tribunal to be the Deputy President of the Tribunal.
(2.) The Deputy President shall act as President of the Tribunal during any vacancy in the office, or suspension, illness or absence, of the President.
Remuneration and allowances. 143.—(1.) A member shall be paid remuneration at such rate (if any) as the Governor-General determines, but the rate shall not be diminished during a term of office.
(2.) A member shall be paid such allowances (if any) in respect of travelling expenses as the Attorney-General determines.
Oath or affirmation of office. 144.—(1.) A member shall, before proceeding to discharge the duties of his office, take an oath or make an affirmation in accordance with the form of oath or affirmation in the Schedule to this Act.
(2.) An oath or affirmation shall be taken or made before a justice or judge of a federal court or of the Supreme Court of a State.
Resignation. 145. A member may resign his office by writing signed by him and delivered to the Governor-General.
