Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:11_135zwaa
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 11 cl 135ZWAA
Character Range: 267144–268582

135ZWAA  Determination of questions relating to this Part or a collecting society's rules

 (1) This section applies if:
 (a) it is necessary or convenient to determine a question to facilitate future compliance by an administering body or a collecting society with:
 (i) section 135ZJ, 135ZK, 135ZL, 135ZMC, 135ZMD, 135ZMDA, 135ZP, 135ZQ, 135ZS or 135ZT; or
 (ii) this Division; or
 (iii) the provisions of a collecting society's rules described in paragraph 135ZZB(3)(d); and
 (b) the question is not determined by another provision of this Part or regulations made for the purposes of this Part; and
 (c) determination of the question affects both the administering body and the collecting society.

Note: An example of such a matter might be a sampling system to provide information to enable a collecting society to determine how to distribute amounts it collects.

 (2) The question must be determined by agreement between the collecting society and the administering body or, failing such agreement, by the Tribunal on the application of either of them.

 (3) If, during a period, the administering body does not comply with the agreement or order of the Tribunal determining the question, sections 135ZJ, 135ZK, 135ZL, 135ZMC, 135ZMD, 135ZMDA, 135ZP, 135ZQ, 135ZS and 135ZT do not apply to a reproduction, copy or communication of a work or other subject‑matter made during that period by or on behalf of the administering body.