§ 470 — 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).

(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.

—(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).

(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.