Document ID: chunk:federal_register_of_legislation:C2017A00049:clause:1_113w
Version: federal_register_of_legislation:C2017A00049
Segment Type: clause
Provision Reference: sch 1 cl 113W
Character Range: 27395–28649

113W  Requirements for declaration of collecting society
  The Minister and the Copyright Tribunal must not declare a body to be a collecting society for eligible rights holders under section 113V unless:
 (a) the body is a company limited by guarantee and incorporated under a law of the Commonwealth, a State or a Territory relating to companies; and
 (b) all of those eligible rights holders, or their agents, are entitled to become its members; and
 (c) its rules prohibit the payment of dividends to its members; and
 (d) its rules contain such other provisions as are prescribed by the regulations, being provisions necessary to ensure that the interests of the collecting society's members who are eligible rights holders or their agents are protected adequately, including provisions about:
 (i) the collection of amounts of equitable remuneration payable under remuneration notices given to the society under section 113Q; and
 (ii) the payment of the administrative costs of the society out of amounts collected by it; and
 (iii) the distribution of amounts collected by it; and
 (iv) the holding on trust by the society of amounts for eligible rights holders who are not its members; and
 (v) access to records of the society by its members.