Document ID: chunk:federal_register_of_legislation:F2024C00262:reg:73
Version: federal_register_of_legislation:F2024C00262
Segment Type: reg
Provision Reference: reg 73
Character Range: 97775–100390

73  Application under paragraph 113R(2)(b) of the Act

Matters to be included in application
 (1) An application under paragraph 113R(2)(b) of the Act (to determine the amount of the equitable remuneration that the body administering an educational institution undertakes to pay a collecting society for licensed copying or communicating) must:
 (a) set out the circumstances or events giving rise to the application; and
 (b) state whether the applicant is the body administering the institution or the collecting society; and
 (c) if the applicant is the body:
 (i) identify the nature of education provided by the institution or the nature of the material provided by the institution for the purpose of helping other educational institutions in their teaching purposes; and
 (ii) state the name of the collecting society; and
 (d) if the applicant is the collecting society:
 (i) give details of the notice relating to it under subsection 113V(5) of the Act; and
 (ii) state the name of the body; and
 (e) request the Tribunal to determine the amount.

Matters for Tribunal to consider in determining equitable remuneration
 (2) The following matters are prescribed for the purposes of column 3 of item 2 of the table in subsection 153A(4) of the Act (as matters the Tribunal must have regard to in determining the amount of the equitable remuneration the body administering an educational institution undertakes to pay for licensed copying or communicating involving the whole or part of a work or broadcast):
 (a) the nature of:
 (i) the work; or
 (ii) any work, sound recording or cinematograph film included in the broadcast;
 (b) the nature of the institution;
 (c) the need to ensure adequate incentive for the production of educational works, educational sound recordings and educational cinematograph films in Australia;
 (d) the purpose and character of the copying or communication;
 (e) the effect of the copying or communication on the market for, or value of, the material copied or communicated;
 (f) the special circumstances of persons undertaking correspondence courses or external study courses provided by the institution, including any difficulties faced by those persons in:
 (i) engaging in a fair dealing covered by section 40 or 103C of the Act; or
 (ii) making a request and declaration to which section 49 of the Act applies;
 (g) any unremunerated contribution by the institution to the creation of the material copied or included in the broadcast.
Note: Item 2 of the table in subsection 153A(4) of the Act is about dealing with an application under paragraph 113R(2)(b) of the Act.