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COPYRIGHT ACT 1968 - SECT 135P

Declaration of the collecting society

             (1)  A body may apply to the Minister to be declared as the collecting society.

          (1A)  After receiving the application, the Minister must do one of the following:

                     (a)  declare the body to be the collecting society, by notice in the Gazette ;

                     (b)  refuse to declare the body to be the collecting society;

                     (c)  refer the application to the Copyright Tribunal in the way prescribed by the regulations and notify the body of the referral.

          (1B)  A declaration made under paragraph (1A)(a) is not a legislative instrument.

          (1C)  If the Minister refers the application to the Copyright Tribunal, the Tribunal may declare the body to be the collecting society.

Note:          Section 153BAB sets out the procedure of the Copyright Tribunal in dealing with the reference.

             (2)  Only one body can be declared to be the collecting society at a time. The body cannot be declared to be the collecting society while another body is declared to be the collecting society.

             (3)  The Minister and the Copyright Tribunal must not declare a body to be the collecting society unless:

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

                     (b)  all relevant right holders, or their agents, are entitled to become its members; and

                     (c)  its rules prohibit the payment of dividends to its members; and

                     (d)  its rules contain such other provisions as are prescribed, being provisions necessary to ensure that the interests of the collecting society's members who are relevant right holders or their agents are protected adequately, including, in particular, provisions about:

                              (i)  the collection of amounts of equitable remuneration payable by administering bodies under section 135H, 135J or 135JA; and

                             (ii)  the payment of the administrative costs of the society out of amounts collected by it; and

                            (iii)  the distribution of amounts collected by it; and

                            (iv)  the holding on trust by the society of amounts for relevant right holders who are not its members; and

                             (v)  access to records of the society by its members.



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