Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Remuneration required by Parts VA and VB
1 After subsection 135J(4)
Insert:
(4A) To avoid doubt, an annual amount (whether for one or more institutions administered by the administering body) may be determined for the purposes of subsection (1) by reference to amounts for copies and communications that differ on one or both of the following bases:
(a) different classes of works, performances, sound recordings or cinematograph films included in broadcasts;
(b) different classes of students of an institution administered by the administering body.
2 Subsection 135ZV(2)
Repeal the subsection, substitute:
(2) For the purposes of subsection (1), different amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to:
(a) different classes of works or eligible items; or
(b) different institutions administered by the administering body; or
(c) different classes of students of an institution administered by the administering body.
3 After subsection 135ZW(4)
Insert:
(4A) To avoid doubt, an annual amount (whether for one or more institutions administered by the administering body) may be determined for the purposes of subsection (1) by reference to amounts for licensed copies that differ on one or both of the following bases:
(a) different classes of works or eligible items;
(b) different classes of students of an institution administered by the administering body.
Part 2 -- Declarations of collecting societies
4 Subsections 135P(1) and (2)
Repeal the subsections, substitute:
(1) A body may apply to the Minister to be declared as the collecting society.
(1A) After receiving the application, the Minister must do one of the following:
(a) declare the body to be the collecting society, by notice in the Gazette ;
(b) refuse to declare the body to be the 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 the collecting society.
Note: Section 153BAB sets out the procedure of the Copyright Tribunal in dealing with the reference.
(2) Only one body can be declared to be the collecting society at a time. The body cannot be declared to be the collecting society while another body is declared to be the collecting society.
Note: The heading to section 135P is altered by omitting " The " and substituting " Declaration of the ".
5 Saving
(1) The declaration of the collecting society for Part VA of the Copyright Act 1968 in force just before the commencement of this Part continues to have effect on and after that commencement despite the repeal of subsection 135P(1) of that Act by this Part.
(2) Subitem (1) does not prevent revocation of the declaration after that commencement.
6 Subsection 135P(3)
Omit "Attorney‑General shall", substitute "Minister and the Copyright Tribunal must".
7 At the end of paragraphs 135P(3)(a) and (b)
Add "and".
8 At the end of subparagraphs 135P(3)(d)(i), (ii) and (iii)
Add "and".
9 Section 135Q
Omit "The Attorney‑General may, by notice in the Gazette , revoke the declaration of a body as the collecting society if satisfied that the body:", substitute "(1) This section applies if the Minister is satisfied that the body declared as the collecting society:".
10 At the end of paragraphs 135Q(a) and (b)
Add "or".
11 At the end of section 135Q
Add:
(2) The Minister may:
(a) by notice in the Gazette , revoke the declaration; or
(b) refer the question whether the declaration should be revoked to the Copyright Tribunal in the way prescribed by the regulations.
(3) If the Minister refers the question to the Copyright Tribunal, the Tribunal may revoke the declaration if it is satisfied that any of paragraphs (1)(a), (b), (c) and (d) applies to the body.
Note: Section 153BAC sets out the procedure of the Copyright Tribunal in dealing with the reference.
12 Sections 135R and 135S
Omit "Attorney‑General" (wherever occurring), substitute "Minister".
13 Subsection 135ZZB(1)
Repeal the subsection, substitute:
(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.
14 Subsection 135ZZB(2)
Omit "Where the Attorney‑General declares a body to be the collecting society for a specified class of copyright owners and subsequently declares another body", substitute "If a body is declared to be the collecting society for a specified class of copyright owners and another body is subsequently declared".
15 Subsection 135ZZB(3)
Omit "Attorney‑General shall", substitute "Minister and the Copyright Tribunal must".
16 At the end of paragraphs 135ZZB(3)(a) and (b)
Add "and".
17 At the end of subparagraphs 135ZZB(3)(d)(i), (ii) and (iii)
Add "and".
18 Subsection 135ZZB(4)
Omit "Where the Attorney‑General", substitute "If the Minister or the Copyright Tribunal".
19 Subsection 135ZZB(4)
Omit "Attorney‑General" (second occurring), substitute "Minister and the Copyright Tribunal".
20 Saving
(1) The declaration of a collecting society for Part VB of the Copyright Act 1968 in force just before the commencement of this Part continues to have effect on and after that commencement despite the repeal of subsection 135ZZB(1) of that Act by this Part.
(2) Subitem (1) does not prevent revocation of the declaration after that commencement.
21 Section 135ZZC
Omit "The Attorney‑General may, by notice in the Gazette , revoke the declaration of a body as a collecting society if satisfied that the body:", substitute "(1) This section applies if the Minister is satisfied that a body declared as a collecting society:".
22 At the end of paragraphs 135ZZC(a) and (b)
Add "or".
23 At the end of section 135ZZC
Add:
(2) The Minister may:
(a) by notice in the Gazette , revoke the declaration; or
(b) refer the question whether the declaration should be revoked to the Copyright Tribunal in the way prescribed by the regulations.
(3) If the Minister refers the question to the Copyright Tribunal, the Tribunal may revoke the declaration if it is satisfied that any of paragraphs (1)(a), (b), (c) and (d) applies to the body.
Note: Section 153DD sets out the procedure of the Copyright Tribunal in dealing with the reference.
24 Sections 135ZZD and 135ZZE
Omit "Attorney‑General" (wherever occurring), substitute "Minister".
25 Subsection 135ZZT(1)
Repeal the subsection, substitute:
(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 153P 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.
26 Subsection 135ZZT(2)
Omit "Where the Attorney‑General declares a body to be the collecting society for a specified class of copyright owners and subsequently declares another body", substitute "If a body is declared to be the collecting society for a specified class of copyright owners and another body is subsequently declared".
27 Subsection 135ZZT(3)
Omit "Attorney‑General", substitute "Minister and the Copyright Tribunal".
28 Subsection 135ZZT(4)
Omit "Attorney‑General" (first occurring), substitute "Minister or the Copyright Tribunal".
29 Subsection 135ZZT(4)
Omit "Attorney‑General" (second occurring), substitute "Minister and the Copyright Tribunal".
30 Saving
(1) A declaration of a collecting society for Part VC of the Copyright Act 1968 in force just before the commencement of this Part continues to have effect on and after that commencement despite the repeal of subsection 135ZZT(1) of that Act by this Part.
(2) Subitem (1) does not prevent revocation of the declaration after that commencement.
31 Section 135ZZU
Omit "The Attorney‑General may, by notice in the Gazette , revoke the declaration of a body as a collecting society if satisfied that the body:", substitute "(1) This section applies if the Minister is satisfied that a body declared as a collecting society:".
32 At the end of section 135ZZU
Add:
(2) The Minister may:
(a) by notice in the Gazette , revoke the declaration; or
(b) refer the question whether the declaration should be revoked to the Copyright Tribunal in the way prescribed by the regulations.
(3) If the Minister refers the question to the Copyright Tribunal, the Tribunal may revoke the declaration if it is satisfied that any of paragraphs (1)(a), (b), (c) and (d) applies to the body.
Note: Section 153Q sets out the procedure of the Copyright Tribunal in dealing with the reference.
33 Sections 135ZZV and 135ZZW
Omit "Attorney‑General" (wherever occurring), substitute "Minister".
34 Before section 148
Insert:
35 Before section 149
Insert:
Subdivision B -- Applications relating to Parts III and IV
36 Before section 153A
Insert:
Subdivision C -- Applications and references relating to Part VA
37 After section 153BA
Insert:
153BAB References relating to declaration of collecting society
(1) This section has effect if the Minister refers to the Copyright Tribunal under section 135P an application of a body to be declared the collecting society.
(2) The parties to the reference are the applicant and any person made a party by the Tribunal.
(3) The Tribunal may make a person a party if:
(a) the person asks to be made a party; and
(b) the Tribunal thinks that the person has a sufficient interest in the question whether the applicant should be declared to be the collecting society (including whether subsection 135P(2) prevents the applicant from being declared to be the collecting society because another body is declared to be the collecting society).
(4) After giving each party an opportunity of presenting its case, the Tribunal must:
(a) declare the applicant to be the collecting society under section 135P; or
(b) reject the application.
(5) If the Tribunal declares the applicant to be the collecting society under section 135P, the Registrar must publish notice of the declaration in the Gazette .
153BAC References relating to revocation of declaration of collecting society
(1) This section has effect if the Minister refers to the Copyright Tribunal under section 135Q the question whether the declaration of a body as the collecting society should be revoked.
(2) The parties to the reference are:
(a) the Minister; and
(b) the collecting society; and
(c) any person made a party by the Tribunal.
(3) The Tribunal may make a person a party if:
(a) the person asks to be made a party; and
(b) the Tribunal thinks that the person has a sufficient interest in the question whether the declaration of the collecting society should be revoked.
(4) After giving each party an opportunity of presenting its case, the Tribunal must:
(a) revoke the declaration of the collecting society under section 135Q; or
(b) refuse to revoke the declaration.
(5) If the Tribunal revokes the declaration of the collecting society:
(a) the revocation must specify the day on which it takes effect; and
(b) the Registrar must publish notice of the revocation in the Gazette .
Subdivision D -- Applications and references relating to Part VB
38 After section 153DA
Insert:
153DC References relating to declaration of collecting society
(1) This section has effect if the Minister refers to the Copyright Tribunal under section 135ZZB an application of a body to be declared a collecting society.
(2) The parties to the reference are the applicant and any person made a party by the Tribunal.
(3) The Tribunal may make a person a party if:
(a) the person asks to be made a party; and
(b) the Tribunal thinks that the person has a sufficient interest in either or both of the following questions:
(i) whether the applicant should be declared to be a collecting society for all relevant copyright owners (as defined in Part VB) or a particular class of relevant copyright owners;
(ii) whether another body should cease to be the collecting society for any of the relevant copyright owners (as defined in Part VB) if the applicant is declared to be a collecting society.
(4) After giving each party an opportunity of presenting its case, the Tribunal must:
(a) declare the applicant to be a collecting society under section 135ZZB; or
(b) reject the application.
(5) If the Tribunal declares the applicant to be the collecting society under section 135ZZB, the Registrar must publish notice of the declaration in the Gazette .
153DD References relating to revocation of declaration of collecting society
(1) This section has effect if the Minister refers to the Copyright Tribunal under section 135ZZC the question whether the declaration of a body as a collecting society should be revoked.
(2) The parties to the reference are:
(a) the Minister; and
(b) the collecting society; and
(c) any person made a party by the Tribunal.
(3) The Tribunal may make a person a party if:
(a) the person asks to be made a party; and
(b) the Tribunal thinks that the person has a sufficient interest in the question whether the declaration of the collecting society should be revoked.
(4) After giving each party an opportunity of presenting its case, the Tribunal must:
(a) revoke the declaration of the collecting society under section 135ZZC; or
(b) refuse to revoke the declaration.
(5) If the Tribunal revokes the declaration of the collecting society:
(a) the revocation must specify the day on which it takes effect; and
(b) the Registrar must publish notice of the revocation in the Gazette .
39 Before section 153E
Insert:
Subdivision E -- Applications relating to Part VII
40 Before section 153L
Insert:
Subdivision F -- Applications relating to declarations of institutions
41 Before section 153M
Insert:
Subdivision G -- Applications and references relating to Part VC
42 After section 153N
Insert:
153P References relating to declaration of collecting society
(1) This section has effect if the Minister refers to the Copyright Tribunal under section 135ZZT an application of a body to be declared a collecting society.
(2) The parties to the reference are the applicant and any person made a party by the Tribunal.
(3) The Tribunal may make a person a party if:
(a) the person asks to be made a party; and
(b) the Tribunal thinks that the person has a sufficient interest in either or both of the following questions:
(i) whether the applicant should be declared to be a collecting society for all relevant copyright owners (as defined in Part VC) or a particular class of relevant copyright owners;
(ii) whether another body should cease to be the collecting society for any of the relevant copyright owners (as defined in Part VC) if the applicant is declared to be a collecting society.
(4) After giving each party an opportunity of presenting its case, the Tribunal must:
(a) declare the applicant to be a collecting society under section 135ZZT; or
(b) reject the application.
(5) If the Tribunal declares the applicant to be the collecting society under section 135ZZT, the Registrar must publish notice of the declaration in the Gazette .
153Q References relating to revocation of declaration of collecting society
(1) This section has effect if the Minister refers to the Copyright Tribunal under section 135ZZU the question whether the declaration of a body as a collecting society should be revoked.
(2) The parties to the reference are:
(a) the Minister; and
(b) the collecting society; and
(c) any person made a party by the Tribunal.
(3) The Tribunal may make a person a party if:
(a) the person asks to be made a party; and
(b) the Tribunal thinks that the person has a sufficient interest in the question whether the declaration of the collecting society should be revoked.
(4) After giving each party an opportunity of presenting its case, the Tribunal must:
(a) revoke the declaration of the collecting society under section 135ZZU; or
(b) refuse to revoke the declaration.
(5) If the Tribunal revokes the declaration of the collecting society:
(a) the revocation must specify the day on which it takes effect; and
(b) the Registrar must publish notice of the revocation in the Gazette .
43 Before section 154
Insert:
Subdivision H -- References and applications relating to licences and licence schemes
44 Before section 160
Insert:
Subdivision I -- General provisions
45 Paragraphs 195B(1)(a) and (b)
Omit "a body or institution under subsection 10A(1), 135P(1) or 135ZZB(1);", substitute "an institution under subsection 10A(1);".
46 At the end of subsection 195B(1)
Add:
; (e) a decision of the Minister under paragraph 135P(1A)(b), 135ZZB(1A)(b) or 135ZZT(1A)(b) refusing to declare a body as a collecting society;
(f) a decision of the Minister under paragraph 135Q(2)(a), 135ZZC(2)(a) or 135ZZU(2)(a) revoking a declaration of a body as a collecting society.
47 Subsection 195B(2)
Omit "body or".
48 Paragraph 195B(2)(c)
Omit "body or".
49 Subsection 10(1) (definition of the Copyright Tribunal )
Omit "Copyright Tribunal established", substitute "Copyright Tribunal of Australia provided for".
50 Part VI (heading)
Repeal the heading, substitute:
Part VI -- Copyright Tribunal of Australia
51 Section 138
After "existence", insert "as the Copyright Tribunal of Australia".
52 Subsection 10(1)
Insert:
"Registrar" means the Registrar of the Tribunal provided for by section 170.
53 Subsections 153F(8), 153G(7) and 153J(5)
Omit "Secretary to the Tribunal", substitute "Registrar".
54 Subsection 167(2)
Repeal the subsection, substitute:
(2) A member or the Registrar may summon a person to appear before the Tribunal to give evidence.
(3) A member or the Registrar may summon a person to produce specified documents or articles to the Tribunal by producing the documents or articles to a specified person at a specified time at a specified place.
55 Saving
The repeal and substitution of subsection 167(2) of the Copyright Act 1968 by this Part does not affect a summons issued under that subsection before the commencement of this Part.
56 Section 168
Omit "Secretary to the Tribunal.", substitute "Registrar.".
57 Section 170
Repeal the section, substitute:
(1) There is to be a Registrar of the Tribunal.
(2) The Registrar is to be a person engaged under the Public Service Act 1999 , or a person whose services are made available under an arrangement made under that Act, who is appointed as the Registrar by the Minister by written instrument.
Remuneration as public servant
(3) The office of Registrar is not a public office for the purposes of the Remuneration Tribunal Act 1973 .
Resignation
(4) The Registrar may resign his or her appointment by giving the Minister a written resignation.
Termination of appointment
(5) The Minister may terminate, by writing signed by him or her, the appointment of the Registrar.
(6) The appointment of the Registrar is terminated if the Registrar ceases to be engaged under the Public Service Act 1999 or to be a person whose services are made available under an arrangement made under that Act.
Acting appointment
(7) The President may appoint a person engaged under the Public Service Act 1999 , or a person whose services are made available under an arrangement made under that Act, to act as the Registrar:
(a) during a vacancy in the office of Registrar (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Registrar is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.
(8) Anything done by or in relation to a person purporting to act under this section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
170A Other staff of the Tribunal
Any staff needed to assist the Tribunal must be persons engaged under the Public Service Act 1999 or persons whose services are made available under arrangements made under that Act.
58 Transitional provision
The person who was the Secretary to the Tribunal immediately before the commencement of this Part, is taken to have been appointed on that commencement as the Registrar under section 170 of the Copyright Act 1968 as amended by this Part.
59 Before subsection 171(2)
Insert:
(1B) The Registrar has in the performance of his or her duty as Registrar under section 167, 174 or 175, the same protection and immunity as a Justice of the High Court.
Note: The heading to section 171 is replaced by the heading " Protecting persons connected with Tribunal proceedings ".
60 Subsection 174(2A)
Omit "Secretary to the Tribunal", substitute "Registrar".
61 Saving
The amendment of subsection 174(2A) of the Copyright Act 1968 by this Part does not affect the evidentiary value, in proceedings after the commencement of the amendment, of a certificate described in that subsection that was signed before the commencement of the amendment.
62 Section 175
Omit "Secretary to the Tribunal", substitute "Registrar".
63 Saving
The amendment of section 175 of the Copyright Act 1968 by this Part does not affect the evidentiary value, in proceedings after that commencement, of a document described in that section that was certified before the commencement of the amendment.