50
Laws of Malaysia
Act 332
(3) The Tribunal shall on an application for review confirm
or vary its order as the Tribunal may determine to be reasonable
having regard to the terms applicable in accordance with the
licensing scheme or, as the case may be, the circumstances of
the case.
Effect of order of Tribunal as to licensing scheme
27g. (1) A licensing scheme which has been confirmed or varied
by the Tribunal under section 27b, 27c or 27d shall be in force
or, as the case may be, remain in operation, so far as it relates to
the description of case in respect of which the order was made,
so long as the order remains in force.
(2) While the order is in force a person, who in a case of a
class to which the order applies, shall—
(a) pay to the operator of the licensing scheme any charges
payable under the licensing scheme in respect of a licence
covering the case in question or, if the amount cannot
be ascertained, give an undertaking to the operator to
pay the charges when ascertained; and
(b) comply with the other terms applicable to such a licence
under the licensing scheme; and
(c) be in the same position as regards infringement of copyright
as if he had at all material times been the holder of a
licence granted by the owner of the copyright in question
in accordance with the licensing scheme.
(3) The Tribunal may direct that the order, so far as it varies
the amount of charges payable, has effect from a date before that
on which it is made, but not earlier than the date on which the
reference was made or, if later, on which the licensing scheme
came into operation.
(4) Where a direction is made under subsection (3)—
(a) any necessary repayments, or further payments, shall be
made in respect of charges already paid or payable;
and