Document ID: chunk:federal_register_of_legislation:C2011C00171:clause:1_153u
Version: federal_register_of_legislation:C2011C00171
Segment Type: clause
Provision Reference: sch 1 cl 153U
Character Range: 172303–173570

153U  References relating to declaration of collecting society

 (1) This section has effect if the Minister refers to the Copyright Tribunal under section 135ZZZO 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 VD) 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 VD) if the applicant is declared to be a collecting society.

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

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