19
(c)
take any other course which in the opinion of the court is fair and may lead to the speedy and as far as
may be possible inexpensive settlement of the case; and
(d)
make such order as to costs as the court may deem fair.
[S. 36 substituted by s. 28 of Act 125 of 1992.]
CHAPTER 4
EXTENSION OR RESTRICTION OF OPERATION OF ACT (ss 37-38)
37
Application of Act to countries to which it does not extend
(1) The Minister may by notice in the Gazette provide that any provision of this Act specified in the notice shall in
the case of any country so specified apply(a)
in relation to literary, musical or artistic works, computer programs, cinematograph films, sound
recordings and published editions first published in that country as it applies in relation to literary,
musical or artistic works, computer programs, cinematograph films, sound recordings and published
editions first published in the Republic;
[Para. (a) substituted by s. 13 of Act 52 of 1984 and by s. 29 (a) of Act 125 of 1992.]
(b)
in relation to persons who at a material time are citizens or subjects of that country as it applies in relation
to persons who at such a time are South African citizens;
(c)
in relation to persons who at a material time are domiciled or resident in that country as it applies in
relation to persons who at such a time are domiciled or resident in the Republic;
(d)
in relation to bodies incorporated under the laws of that country as it applies in relation to bodies
incorporated under the laws of the Republic;
(e)
in relation to broadcasts made and programme -carrying signals emitted to a satellite from places in that
country as it applies in relation to broadcasts made and programme-carrying signals emitted to a satellite
from a place in the Republic.
[Para. (e) substituted by s. 29 (b) of Act 125 of 1992.]
(2) A notice under this section may provide(a)
that any provisions referred to therein shall apply subject to such exceptions or modifications as may be
specified in the notice;
(b)
that such provisions shall so apply either generally or in relation to such classes of works or classes of
cases as may be so specified.
(3) No notice shall be issued under this section in respect of any country which is not a party to a convention
relating to copyright to which the Republic is also a party, unless the Minister is satisfied that, in respect of the class of
works to which the notice relates, provision has been or will be made under the laws of that country whereby adequate
protection will be given to owners of copyright under this Act.
38
......
[S. 38 repealed by s. 30 of Act 125 of 1992.]
CHAPTER 5
MISCELLANEOUS PROVISIONS (ss 39-47)
39
Regulations
The Minister may make regulations(a)
as to any matter required or permitted by this Act to be prescribed by regulation;
(b)
in consultation with the Minister of Finance, prescribing the tariff of fees payable in respect of
proceedings before the Copyright Tribunal referred to in section 29 (1);
(c)
in consultation with the Minister of Finance, prescribing the remuneration and allowances of members of
the advisory committee referred to in section 40, and of its subcommittees, and the conditions upon which
such members shall be appointed; and
(cA) in consultation with the Minister of Finance, providing for the establishment, composition, funding and
functions of collecting societies contemplated in section 9A, and any other matter that it may be
necessary or expedient to regulate for the proper functioning of such societies;
[Para. (cA) inserted by s. 4 of Act 9 of 2002.]
(d)
generally, as to any matter which he considers it necessary or expedient to prescribe in order that the
purposes of this Act may be achieved.
[Date of commencement of s. 39: 30 June 1978.]
40
Advisory committee
(1) (a) The Minister shall appoint an advisory committee consisting of a judge or a senior advocate of the Supreme
Court of South Africa as chairman and such ex officio and other members as the Minister may from time to time determine.
[Para. (a) substituted by s. 4 (a) of Act 61 of 1989.]
(b) A member of the advisory committee shall hold office for such period as the Minister may direct and shall be
eligible for reappointment upon the expiration of his period of office.