Witness Protection Act, 1998
R 385
Copyright Act, 1978 (Act No. 98 of 1978)RegulationsCopyright Regulations, 1978Chapter 4 : Copyright Tribunal25. Preliminary questions |
| (1) | A licensing body named in a reference under section 31 or 32 by an organisation claiming to be representative of persons requiring licences may object to the reference on the grounds that the organisation is not reasonably representative of the class of persons it claims to represent. |
| (2) | A licensing body, organisation or person at whose instance a reference under section 31 or 32 or an application under section 33 is made, or a licensing body named in any such reference or application, may object to any application by an organisation or person to be made a party to the proceedings on the grounds that such organisation or person has no substantial interest in the matter in dispute. |
| (3) | An objection under subregulation (1) or (2) shall be made by serving on the Registrar a notice substantially in accordance with Form 6 or Form 7, as the case may be, within 30 days of service of notice of the reference or application which is the subject of the objection. |
| (4) | A copy of the notice required by subregulation (3) shall at the same time be served— |
| (a) | in the case of an objection to a reference, on the organisation at whose instance the reference is made; |
| (b) | in the case of an objection to an application to be made a party to a reference or to an application under section 33, on the organisation or person applying to be made a party and on any licensing body, organisation or person other than the objector entitled to give notice of objection under subregulation (2). |
| (5) | Before determining whether the organisation is reasonably representative of the class of person it claims to represent or, as the case may be, whether the organisation or person applying to be made a party to the proceedings has a substantial interest in the matter in dispute, the Tribunal shall give such organisation or person an opportunity of commenting in writing on any objection of which notice has been given under subregulation (3), and may, if it. thinks fit, give such organisation or person as aforesaid, the objector and any licensing body or person concerned an opportunity of being heard on the objection. |
| (6) | If no notice of objection is given under subregulation (3), the Tribunal shall as soon as may be practicable consider whether the organisation of the class of person it claims to represent or, as the case may be, whether the organisation or person applying to be made a part to the proceedings has a substantial interest in the matter in dispute and ought reasonably to be made a party: Provided that the Tribunal shall not reach an adverse decision without giving the organisation or person concerned an opportunity of making representations in writing to the Tribunal or, if the Tribunal thinks fit and such organisation or person so desires, of being heard. |
| (7) | The Registrar shall give notice in writing of the Tribunal's decision to the organisation at whose instance the reference is made or, as the case may be, to the organisation or person applying to be made a party to the proceedings and to all other parties to the proceedings. In the case of a further reference under section 32, notice of the Tribunal's decision shall also be given to any other persons who were parties to the reference on which the Tribunal made the previous order with respect to the licence scheme. |
