Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 153R

Review of collecting society's distribution arrangement

             (1)  This section has effect if an application is made to the Tribunal under section 135ZZWA for review of an arrangement adopted, or proposed to be adopted, by a collecting society for distributing amounts it collects in a period.

             (2)  The parties to the application are:

                     (a)  the applicant; and

                     (b)  the collecting society (if it is not the applicant); and

                     (c)  a member of the collecting society, or an organization claiming to be representative of members of the collecting society, that the Tribunal makes a party to the application.

             (3)  The Tribunal may make a member of the collecting society, or an organization claiming to be representative of members of the collecting society, a party to the application if:

                     (a)  the member or organization asks to be made a party; and

                     (b)  the Tribunal is satisfied that the member or organization has a substantial interest in the arrangement.

             (4)  The Tribunal must consider the application, give the parties an opportunity of presenting their cases then make an order:

                     (a)  confirming the arrangement; or

                     (b)  varying the arrangement; or

                     (c)  substituting for the arrangement another arrangement for distributing amounts the collecting society collects in the period.

             (5)  In this section:

"collecting society " has the same meaning as in Part VC.



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