Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:10_4
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 10 cl 4
Character Range: 209284–210406

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".