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- (a) is a person who requires permission in a case falling under a class of cases to which the tariff scheme applies; and
- (b) includes a person who has been granted permission under the tariff scheme, but who requires further permission of the same kind after the expiry of the granted permission.
Interpretation: when does a tariff scheme apply or not apply to a case
469. For the purposes of this Division, a tariff scheme (being a scheme that is in force) is taken—
- (a) subject to paragraph (b), as applying to a case if permission would be granted in that case under the terms of the tariff scheme; and
- (b) as not applying to a case if—
- (i) the permission granted would be subject to exceptions; and
- (ii) the case falls within one or more of those exceptions.
Review of proposed tariff scheme
470.—(1) A CMO may refer a tariff scheme formulated by it to a Copyright Tribunal before bringing the scheme into force.
(2) The Tribunal must, after reviewing the tariff scheme and having regard to what is reasonable in the circumstances—
- (a) make an order to confirm or vary the tariff scheme (including substituting the tariff scheme with another tariff scheme);
- (b) specify the date from which the order has effect; and
- (c) specify whether the order has effect indefinitely or for a specified period.
(3) 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).
