Document ID: chunk:federal_register_of_legislation:C2004C01235:clause:1_135zzt
Version: federal_register_of_legislation:C2004C01235
Segment Type: clause
Provision Reference: sch 1 cl 135ZZT
Character Range: 123753–126306

135ZZT  Collecting societies

 (1) Subject to this section, the Attorney‑General may, by notice in the Gazette, declare the body named in the notice to be the collecting society for all relevant copyright owners, or for such classes of relevant copyright owners as are specified in the notice.

 (2) Where the Attorney‑General declares a body to be the collecting society for a specified class of copyright owners and subsequently declares another body to be the collecting society for that class of copyright owners:
 (a) the first‑mentioned collecting society ceases to be the collecting society for that class of copyright owners on the day on which the subsequent declaration is made; and
 (b) any remuneration notice given to that collecting society ceases to be in force to the extent to which it relates to relevant copyright owners included in that class of copyright owners.

 (3) The Attorney‑General must not declare a body to be a collecting society unless:
 (a) it is a company limited by guarantee and incorporated under a law in force in a State or Territory relating to companies; and
 (b) all persons who are included in a class of relevant copyright owners to be specified in the declaration, 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, being provisions necessary to ensure that the interests of members of the collecting society who are relevant copyright owners, or their agents, are protected adequately, including, in particular, provisions about:
 (i) the collection of amounts of equitable remuneration payable under section 135ZZM; and
 (ii) the payment of the administrative costs of the collecting society out of amounts collected by it; and
 (iii) the distribution of amounts collected by the collecting society; and
 (iv) the holding on trust by the collecting society of amounts for relevant copyright owners who are not its members; and
 (v) access to records of the collecting society by its members.

 (4) If the Attorney‑General has declared a body to be the collecting society for a specified class of copyright owners, the Attorney‑General may refuse to declare another body to be the collecting society for that class of copyright owners unless satisfied that to do so would be in the interests of those copyright owners, having regard to the number of members of the first‑mentioned society, the scope of its activities and such other considerations as are relevant.