Page:Australian Copyright Act 1968 (63 of 1968).pdf/76

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1968
Copyright
No. 63

Mistakes or errors in orders of the Tribunal. 165. The Tribunal may correct, in any order of the Tribunal, a clerical mistake or an error arising from an accidental slip or omission.

Regulations as to procedure. 166.—(1.) The regulations may make provision for or in relation to the procedure in connexion with the making of references and applications to the Tribunal and the regulation of proceedings before the Tribunal and may prescribe the fees payable in respect of those references and applications and the fees and expenses of witnesses in those proceedings.

(2.) The regulations may include provision—

(a) for requiring notice of an intended inquiry by the Tribunal under section 148 of this Act or an intended reference to the Tribunal under section 154, section 155 or section 156 of this Act to be advertised in accordance with the regulations;
(b) for requiring notice of an intended application to the High Court under sub-section (3.) of section 161 of this Act to be given to the Tribunal and to the other parties to the proceedings, and for limiting the time within which any such notice is to be given;
(c) for suspending, or authorizing or requiring the Tribunal to suspend, the operation of orders of the Tribunal in cases where, after giving its decision, the Tribunal refers a question of law to the High Court;
(d) for modifying, in relation to orders of the Tribunal the operation of which is suspended, the operation of any provisions of this Part as to the effect of orders made under this Part;
(e) for the publication of notices, or the doing of any other things, to ensure that persons affected by the suspension of an order of the Tribunal will be informed of its suspension; and
(f) for regulating or prescribing any other matters incidental to or consequential upon any request, application, order or decision under section 161 of this Act.

Power to take evidence on oath. 167.—(1.) The Tribunal may take evidence on oath or affirmation, and for that purpose a member may administer an oath or affirmation.

(2.) A member may summon a person to appear before the Tribunal to give evidence and to produce such documents and articles (if any) as are referred to in the summons.

Evidence in form of written statement. 168. The Tribunal may, if it thinks fit, permit a person appearing as a witness before the Tribunal to give evidence by tendering, and verifying by oath or affirmation, a written statement, which shall be filed with the Secretary to the Tribunal.

Representation. 169. In proceedings before the Tribunal—

(a) a party other than a body corporate or an unincorporated body of persons may appear in person or be represented by an employee of the party approved by the Tribunal;