Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 135ZZB (3) (d) of the Act, in relation to the rules of a collecting society that is declared, under subsection 135ZZB (1) of the Act, to be the collecting society for all relevant copyright owners, or for such classes of relevant copyright owners as are specified in the notice referred to in subsection 135ZZB (1), the following provisions are prescribed, namely:
(a) that accounting periods be determined, in accordance with the rules, by the collecting society for accounting purposes and that no such period extend beyond 30 June in any year;
(b) that a consistent practice be followed with regard to attributing the receipts and expenditure of the collecting society to a particular accounting period;
(c) that the collecting society exercise reasonable diligence in the collection of amounts of equitable remuneration, having regard to the expenses likely to be incurred in the collection of such amounts;
(d) that the total amount of any gifts for cultural or benevolent purposes made by the collecting society in respect of any accounting period be an amount not exceeding such percentage of the total amount of equitable remuneration received by the society in respect of that period as is specified in the rules;
(e) that the administrative costs and other outgoings of the collecting society paid by the society out of the amounts of equitable remuneration collected by it be reasonable;
(f) that the distributable amount, in respect of each accounting period of the collecting society, be allocated in accordance with a scheme of allocation (in this regulation called the scheme ) that:
(i) is determined in accordance with the rules; and
(ii) includes criteria for allocation that are specified in the rules; and
(iii) provides for the allocation of potential shares in the distributable amount to qualified persons;
(g) that, in relation to each potential share in the distributable amount allocated in accordance with the scheme of the collecting society, an amount representing that potential share:
(i) where the qualified person to whom that share was allocated is, at the time of the allocation, a member of the society -- be distributed, as soon as is reasonably possible after the allocation, to that qualified person; or
(ii) where the qualified person to whom that share was allocated is not, at the time of the allocation, a member of the society:
(A) be paid, as soon as is reasonably possible after the allocation, into a trust fund operated by the society for purposes referred to in paragraph (h); and
(B) subject to sub‑subparagraph (C), be held in that fund in accordance with the rules of the society; and
(C) if the qualified person, or that person's agent, becomes a member while the amount representing that person's potential share is held in the trust fund -- be distributed to that person or that person's agent, whichever first becomes the member, as soon as is reasonably possible after that person, or that person's agent, as the case may be, becomes a member;
(h) that a trust fund be operated by the collecting society for purposes that include the holding on trust for any relevant copyright owner who is not a member of the society, and whose agent is not a member, of any potential share allocated to that owner in accordance with the scheme;
(i) that any part of a distributable amount, being a part that, in relation to an accounting period, cannot for any reason be allocated or distributed, be held on trust in the trust fund referred to in paragraph (h) until distribution becomes possible or until the end of a specified period of not less than 4 years, whichever happens first;
(j) that a member of the collecting society, including a member who is a relevant copyright owner or the agent of a relevant copyright owner, be entitled to reasonable access to the records of the society.
(2) In this regulation:
"distributable amount" , in relation to an accounting period of the collecting society, means the amount of equitable remuneration received by the society that is:
(a) attributable to that period (in accordance with the practice of the society); or
(b) otherwise available for distribution;
after the payment or reservation, out of that amount, of:
(c) amounts attributable to that period, including:
(i) gifts made by the society; and
(ii) administrative costs and other outgoings of the society; and
(d) amounts to be carried forward, in accordance with the rules of the society, to the next accounting period.
"equitable remuneration" means the equitable remuneration payable by administrative bodies under section 135ZV or 135ZW of the Act.
"potential share" in relation to a distributable amount, means a share in that amount in relation to which share the distribution of an amount representing that share will take place in the circumstances referred to in subparagraph (1) (g) (i) or (ii).
"qualified person" , in relation to a collecting society, means:
(a) a member of the collecting society who is a relevant copyright owner or the agent of a relevant copyright owner; or
(b) a relevant copyright owner who is not a member of the collecting society and whose agent, if any, is not a member.