Audio Visual Copyright Society Ltd [2000] ACopyT 4

COPYRIGHT TRIBUNAL OF AUSTRALIA

Audio-Visual Copyright Society Ltd [2000] ACopyT 4

APPLICATION BY AUDIO-VISUAL COPYRIGHT SOCIETY LIMITED

BURCHETT P 4 MAY 2000 SYDNEY

COMMONWEALTH OF AUSTRALIA

COPYRIGHT ACT 1968

IN THE COPYRIGHT TRIBUNAL CT 1 OF 1999

APPLICATION BY: AUDIO-VISUAL COPYRIGHT SOCIETY LIMITED for a declaration under s153F of the Copyright Act 1968

TRIBUNAL: BURCHETT P

PLACE: SYDNEY

DATE: 4 MAY 2000

EX TEMPORE REASONS FOR DECISION 1 In this matter, an application is made under s 153F of the Copyright Act 1968. The evidence in support of the application addresses each of the matters required to be addressed by the terms of that section. All appropriate parties have been notified and none has appeared to oppose the application. There has been filed on behalf of the Commonwealth of Australia a submission which supports the application, and I should add the support has been by no means a mere formality. On the contrary, officers of the Commonwealth have raised issues, and plainly the matter was the subject of careful consideration before that support was forthcoming, finally in the form of the document which was filed yesterday. 2 Having regard to the evidence, I am satisfied that it is appropriate to make the declaration sought, and that I should do so. Short minutes of order have been submitted to me and, with a minor alteration required by the terms of s 153F(7), I make orders one and two as contained in the short minutes, note the matter set out in para four, and initial and date the short minutes accordingly. 3 I direct the Applicant to lodge with the Secretary, as soon as possible, a form which the Applicant suggests would be appropriate for the publication of the declaration to be published in the Gazette. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Decision herein of the Copyright Tribunal constituted by Burchett P.