Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:10_153dc
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 10 cl 153DC
Character Range: 220988–222256

153DC  References relating to declaration of collecting society

 (1) This section has effect if the Minister refers to the Copyright Tribunal under section 135ZZB an application of a body to be declared a collecting society.

 (2) The parties to the reference are the applicant and any person made a party by the Tribunal.

 (3) The Tribunal may make a person a party if:
 (a) the person asks to be made a party; and
 (b) the Tribunal thinks that the person has a sufficient interest in either or both of the following questions:
 (i) whether the applicant should be declared to be a collecting society for all relevant copyright owners (as defined in Part VB) or a particular class of relevant copyright owners;
 (ii) whether another body should cease to be the collecting society for any of the relevant copyright owners (as defined in Part VB) if the applicant is declared to be a collecting society.

 (4) After giving each party an opportunity of presenting its case, the Tribunal must:
 (a) declare the applicant to be a collecting society under section 135ZZB; or
 (b) reject the application.

 (5) If the Tribunal declares the applicant to be the collecting society under section 135ZZB, the Registrar must publish notice of the declaration in the Gazette.