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COPYRIGHT ACT 1968 - SECT 135ZZB

Collecting societies

             (1)  A body may apply to the Minister to be declared as a collecting society for all relevant copyright owners or for specified classes of relevant copyright owners.

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

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

                     (b)  refuse to declare the body to be a 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 a collecting society.

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

          (1D)  A declaration of the body as a collecting society must declare the body to be:

                     (a)  the collecting society for all relevant copyright owners; or

                     (b)  the collecting society for classes of relevant copyright owners specified in the declaration.

             (2)  If a body is declared to be the collecting society for a specified class of copyright owners and another body is subsequently declared to be the collecting society for that class of copyright owners:

                     (a)  the first-mentioned collecting society ceases to be the collecting society for that class of copyright owners on the day on which the subsequent declaration is made; and

                     (b)  any remuneration notice given to that collecting society ceases to be in force to the extent to which it relates to licensed copies of works or other subject-matter the copyright owners of which are included in that class of copyright owners.

             (3)  The Minister and the Copyright Tribunal must not declare the 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 persons who are included in a class of relevant copyright owners to be specified in the declaration, 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 members of the collecting society who are relevant copyright owners 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 135ZV, 135ZW or 135ZWA; and

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

                            (iii)  the distribution of amounts collected by the collecting society; and

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

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

             (4)  If the Minister or the Copyright Tribunal has declared a body to be the collecting society for a specified class of copyright owners, the Minister and the Copyright Tribunal may refuse to declare another body to be the collecting society for that class of copyright owners unless satisfied that to do so would be in the interests of those copyright owners, having regard to the number of members of the first-mentioned society, the scope of its activities and such other considerations as are relevant.



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