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COPYRIGHT ACT 1968 - SECT 153F

Applications to Tribunal to declare collecting society for government copies

  (1)   A company limited by guarantee may apply to the Tribunal for a declaration that the company be a collecting society for the purposes of Division   2 of Part   VII.

  (2)   The parties to the application are the applicant and any person made a party by the Tribunal.

  (3)   The Tribunal may make a person a party if:

  (a)   the person asks to be made a party; and

  (b)   the Tribunal thinks that the person has a sufficient interest in either or both of the following questions:

  (i)   whether the applicant should be declared to be a collecting society;

  (ii)   whether any current declaration of a company as a collecting society should be revoked.

  (4)   After giving each party an opportunity of presenting its case, the Tribunal must:

  (a)   declare the applicant to be a collecting society for the purposes of Division   2 of Part   VII; or

  (b)   reject the application.

  (5)   A declaration of a company as a collecting society for the purposes of Division   2 of Part   VII may be a declaration in relation to:

  (a)   all government copies; or

  (b)   a specified class of government copies.

  (6)   The Tribunal may only declare the applicant to be a collecting society if the Tribunal is satisfied:

  (a)   that the applicant is a company limited by guarantee incorporated under a law in force in a State or Territory relating to companies; and

  (b)   in the case of an application for a declaration in relation to all government copies, that the applicant's rules permit the owner, or the agent of the owner, of the copyright in any copyright material to become a member; and

  (c)   in the case of an application for a declaration in relation to a class of government copies, that the applicant's rules permit the owner, or the agent of the owner, of the copyright in any copyright material a reproduction of which in accordance with section   183 would be within that class to become a member; and

  (d)   that the applicant's rules prohibit the payment of dividends to its members; and

  (e)   that the applicant's rules contain such provisions about all of the following matters as are adequate for the protection of its members:

  (i)   the collection of remuneration payable under section   183A;

  (ii)   the payment of administrative costs of the collecting society out of remuneration it collects;

  (iii)   the distribution of remuneration the collecting society collects;

  (iv)   the collecting society holding on trust remuneration for owners of copyright in copyright material who are not members of the society;

  (v)   access to the collecting society's records by its members; and

  (f)   that the applicant's rules contain such other provisions as are required by the regulations to be included for the protection of members of the society.

  (7)   A declaration must specify the day on which it takes effect.

  (8)   If the Tribunal makes a declaration under this section, the Registrar must publish the declaration in the Gazette .


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