Document ID: chunk:federal_register_of_legislation:C2024C00854:section:152:p1
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 152 (pt 1/6)
Character Range: 591659–594537

152  Applications to Tribunal for determination of amounts payable for broadcasting published sound recordings
 (1) In this section, unless the contrary intention appears:
Australia does not include the external Territories other than Norfolk Island.
broadcaster means:
 (a) the Australian Broadcasting Corporation; or
 (aa) the Special Broadcasting Service Corporation; or
 (b) the holder of a licence allocated by the Australian Communications and Media Authority under the Broadcasting Services Act 1992; or
 (c) a person making a broadcast under the authority of a class licence determined by the Australian Communications and Media Authority under the Broadcasting Services Act 1992.
broadcasting does not include broadcasting by a transmission for a fee payable to the person who made the broadcast.
 (1A) For the purposes of the application of this section in relation to a period before the commencement of this subsection, this section has effect as if any act or thing done during that period by the Australian Broadcasting Commission had been done by the Australian Broadcasting Corporation and any earnings of the Australian Broadcasting Commission during that period were earnings of the Australian Broadcasting Corporation.
 (1B) In its application in relation to a period before the commencement of this subsection, this section has effect as if any act or thing done during that period by the Special Broadcasting Service had been done by the Special Broadcasting Service Corporation and any earnings of the Special Broadcasting Service during that period were earnings of the Special Broadcasting Service Corporation.
 (2) Subject to this section, an application may be made to the Tribunal for an order determining, or making provision for determining, the amount payable by a broadcaster to the owners of copyrights in published sound recordings in respect of the broadcasting, during a period specified in the application, of those recordings by that broadcaster.
 (3) An application under the last preceding subsection may be made by the broadcaster or by the owner of a copyright in a published sound recording.
 (4) The parties to an application under subsection (2) are:
 (a) the person making the application; and
 (b) such organizations or persons as apply to the Tribunal to be made parties to the application and, in accordance with the next succeeding subsection, are made parties to the application.
 (5) Where an organization (whether claiming to be representative of broadcasters or of the owners of copyrights in published sound recordings or not) or a person (whether a broadcaster or the owner of a copyright in a published sound recording or not) applies to the Tribunal to be made a party to an application under this section, and the Tribunal is satisfied that the organization or person has a substantial interest in the matter that is the