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Copyright Act, 1978 (Act No. 98 of 1978)

Chapter 3 : Copyright Tribunal

32. Further reference of scheme to tribunal

 

(1) Where the tribunal has made an order under section 31 with respect to a licence scheme—
(a) the licensing body operating the scheme;
(b) any organisation claiming to be representative of persons requiring licences in cases of the class to which the order applies; or
(c) any person claiming that he requires a licence in a case of that class, may, subject to the provisions of subsection (2), at any time while the order is in force, again refer the scheme to the tribunal in so far as it relates to cases of the class in respect of which the order applies.

 

(2) A licence scheme shall not, except with the special leave of the tribunal, again be referred to the tribunal under subsection (1)—
(a) where the relevant order was made so as to be in force indefinitely or for a period exceeding fifteen months, before the expiration of a period of twelve months from the date on which the order was made; or
(b) where such order was made so as to be in force for a period not exceeding fifteen months, at any time more than three months before the date of expiry of the order.

 

(3) The provisions of section 31 shall mutatis mutandis apply in respect of any reference under this section or any order made thereon, and the tribunal shall have power to make such order on any such reference as it deems just.