Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:11_20
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 11 cl 20
Character Range: 239085–240468

20  At the end of section 159
Add:

 (7) To avoid doubt, subsections (4) and (5) do not apply to an order that a person be granted a licence.

Order under section 157 that person be granted licence

 (8) A person whom the Tribunal has ordered under section 157 be granted a licence in the terms proposed by the applicant, the licensor concerned or another party to the application under that section:
 (a) is taken, for the purpose of proceedings for infringement of copyright, to have been granted the licence in those terms; and
 (b) is liable to pay the owner of the copyright concerned the amount of any charges that would be payable if the person had been granted the licence in those terms.

Note: Paragraph (a)—if those terms made the licence subject to conditions and the person did not comply with the conditions, the licence will not give the person a defence in the proceedings.

 (9) The owner of the copyright may recover the amount described in paragraph (8)(b) from the person in a court of competent jurisdiction as a debt due to the owner.

Note 1: The following heading to subsection 159(1) is inserted "Order under section 154. 155 or 156".

Note 2: The following heading to subsection 159(4) is inserted "Order under section 157 specifying conditions and charges".

Division 3—Involvement of Australian Competition and Consumer Commission

Copyright Act 1968