Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 135ZZT (3) (d) of the Act, the rules of a collecting society must contain the following provisions:
(a) that accounting periods must be determined, in accordance with the rules, by the collecting society for accounting purposes and that no accounting period may extend beyond 30 June in any year;
(b) that a consistent practice must be followed with regard to attributing the receipts and expenditure of the collecting society to a particular accounting period;
(c) that the collecting society must 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 must not exceed such percentage of the total amount of equitable remuneration received by the society for that accounting 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 must be reasonable;
(f) that the distributable amount, in respect of each accounting period of the collecting society, must be allocated in accordance with a scheme of allocation ( 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 to a qualified person in accordance with the scheme of the collecting society, an amount representing the share:
(i) if the qualified person is, at the time of allocation, a member of the society -- must be paid, as soon as is reasonably possible after the allocation, to the qualified person; or
(ii) if the qualified person is not, at the time of allocation, a member of the society:
(A) must 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), must be held in that fund in accordance with the rules of the society; and
(C) if the qualified person becomes a member while the amount is held in the trust fund -- must be distributed to the person as soon as is reasonably possible after he or she becomes a member;
(h) that a trust fund must be operated by the collecting society for purposes that include the holding on trust for any relevant copyright owner who is not, and whose agent is not, a member of the society of any potential share allocated to that owner in accordance with the scheme;
(i) that any part of a distributable amount that, in relation to an accounting period, cannot for any reason be distributed must 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, must, on request, be given 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 the non-distributable amount.
"equitable remuneration" means the equitable remuneration payable by retransmitters under section 135ZZM of the Act.
non‑distributable amount , in relation to an accounting period, means:
(a) amounts attributable to that period that are paid or held, in accordance with the rules of the society, for:
(i) gifts made by the society; and
(ii) administrative costs and other outgoings of the society; and
(b) amounts to be carried forward, in accordance with the rules of the society, to the next accounting period.
potential share means a share that is:
(a) a share in a distributable amount; and
(b) represented by an amount that will be distributed 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.