Copyright Act 2021 · 2020 Revised Edition · Part 9 · Regulation of Collective Management Organisations
470. Review of proposed tariff scheme
Feedback & supportA CMO may refer a tariff scheme formulated by it to a Copyright Tribunal before bringing the scheme into force.
Copyright Tribunal
“Copyright Tribunal” or “Tribunal” means a Copyright Tribunal established under this Act;
The Tribunal must, after reviewing the tariff scheme and having regard to what is reasonable in the circumstances —
Tribunal
“Copyright Tribunal” or “Tribunal” means a Copyright Tribunal established under this Act;
make an order to confirm or vary the tariff scheme (including substituting the tariff scheme with another tariff scheme);
specify the date from which the order has effect; and
specify whether the order has effect indefinitely or for a specified period.
To avoid doubt, the Tribunal is not constrained by any term of the tariff scheme (whether relating to its duration or otherwise) in making an order under subsection (2).
Before an order is made under subsection (2), the CMO may do either or both of the following:
bring the tariff scheme into force;
withdraw the reference (whether or not the tariff scheme has been brought into force).
Once an order under subsection (2) takes effect, the tariff scheme —
comes into force (if it has not already been brought into force); and
remains in force so long as the order has effect.