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NO. 22 OF 2021
(4) Before an order is made under subsection (2), the CMO may do either or both of the following:
- (a) bring the tariff scheme into force;
- (b) withdraw the reference (whether or not the tariff scheme has been brought into force).
(5) Once an order under subsection (2) takes effect, the tariff scheme—
- (a) comes into force (if it has not already been brought into force); and
- (b) remains in force so long as the order has effect.
Review of in-force tariff scheme
471.—(1) This section applies where—
- (a) a tariff scheme is in force; and
- (b) there is a dispute about the terms of the tariff scheme between the CMO that formulated the tariff scheme and—
- (i) an intending user of the tariff scheme; or
- (ii) an organisation that is representative of intending users of the tariff scheme.
(2) The CMO, user or organisation may refer the tariff scheme, so far as it relates to the class of cases the user or organisation is concerned with, to a Copyright Tribunal.
(3) The Tribunal must reject the reference without considering its merits if—
- (a) it is made by an organisation; and
- (b) the organisation is not reasonably representative of the intending users it claims to represent.
(4) Subject to subsection (3), the Tribunal must, after reviewing the tariff scheme and having regard to what is reasonable in the circumstances—
