Document ID: chunk:federal_register_of_legislation:C2017A00049:clause:1_113s
Version: federal_register_of_legislation:C2017A00049
Segment Type: clause
Provision Reference: sch 1 cl 113S
Character Range: 21387–23564

113S  Educational institutions must assist collecting society
 (1) If a remuneration notice that applies to an educational institution is in force under section 113Q, the relevant collecting society may, in writing (the entry notice), notify the body administering the educational institution that the society wishes, on a day specified in the notice, to enter the premises of the educational institution for the purpose of reviewing the body's compliance with:
 (a) the remuneration notice; and
 (b) any relevant agreements and determinations mentioned in paragraph 113P(1)(e) or (2)(d).
 (2) A person authorised in writing by the collecting society may enter the premises of the educational institution for the purpose mentioned in subsection (1) after the collecting society gives the entry notice to the body.
 (3) Entry onto premises under subsection (2) may only occur:
 (a) during ordinary working hours of the educational institution; and
 (b) on the day specified in the entry notice, which must not be earlier than 7 days after the day on which the entry notice is given.
 (4) The Copyright Tribunal may determine a question relating to entry onto premises of an educational institution under this section if:
 (a) the relevant collecting society and the body administering the educational institution fail to determine the question by agreement; and
 (b) the society or the body applies to the Tribunal to have the Tribunal determine the question.
Note: Section 153A sets out the procedure of the Copyright Tribunal in dealing with the application.
 (5) The body administering an educational institution must:
 (a) ensure that a person who enters the premises of the educational institution under subsection (2) is provided with all reasonable and necessary facilities and assistance for the effective review of the body's compliance with the remuneration notice, agreements and determinations mentioned in paragraphs (1)(a) and (b); and
 (b) comply with any determinations of the Copyright Tribunal made under subsection (4).
 (6) A body administering an educational institution commits an offence if the body contravenes subsection (5).
Penalty: 5 penalty units.