Commonwealth Numbered Acts

COPYRIGHT AMENDMENT ACT 1989 No. 32 of 1989 - SECT 9

9. Section 55 of the Principal Act is amended:

   (a)  by omitting subparagraph (1) (d) (ii) and substituting the following
        subparagraph:

"(ii) the prescribed royalty is paid to the owner of the copyright:

                (A)  in the manner agreed between the manufacturer and the
                     owner of the copyright or, failing such agreement,
                     determined by the Copyright Tribunal under section 152B;
                     or

                (B)  if no such agreement or determination is in force-in the
                     manner prescribed by the regulations.";

   (b)  by omitting subsection (5) and substituting the following subsections:

"(5) If, apart from this subsection, the amount of royalty payable in respect
of a record under this section would be less than one cent, that amount of
royalty is one cent.

"(6) In this section:
'prescribed royalty', in relation to a record of a musical work, means:

   (a)  such amount of royalty as is agreed between the manufacturer and the
        owner of the copyright in the work or, failing such agreement, as is
        determined by the Copyright Tribunal under section 152A; or

   (b)  if no such agreement or determination is in force-an amount equal to
        6.25% of the retail selling price of the record.".