Document ID: chunk:federal_register_of_legislation:C2024C00854:section:153f:p1
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 153F (pt 1/2)
Character Range: 616260–618922

153F  Applications to Tribunal to declare collecting society for government copies
 (1) A company limited by guarantee may apply to the Tribunal for a declaration that the company be a collecting society for the purposes of Division 2 of Part VII.
 (2) The parties to the application 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;
 (ii) whether any current declaration of a company as a collecting society should be revoked.
 (4) After giving each party an opportunity of presenting its case, the Tribunal must:
 (a) declare the applicant to be a collecting society for the purposes of Division 2 of Part VII; or
 (b) reject the application.
 (5) A declaration of a company as a collecting society for the purposes of Division 2 of Part VII may be a declaration in relation to:
 (a) all government copies; or
 (b) a specified class of government copies.
 (6) The Tribunal may only declare the applicant to be a collecting society if the Tribunal is satisfied:
 (a) that the applicant is a company limited by guarantee incorporated under a law in force in a State or Territory relating to companies; and
 (b) in the case of an application for a declaration in relation to all government copies, that the applicant's rules permit the owner, or the agent of the owner, of the copyright in any copyright material to become a member; and
 (c) in the case of an application for a declaration in relation to a class of government copies, that the applicant's rules permit the owner, or the agent of the owner, of the copyright in any copyright material a reproduction of which in accordance with section 183 would be within that class to become a member; and
 (d) that the applicant's rules prohibit the payment of dividends to its members; and
 (e) that the applicant's rules contain such provisions about all of the following matters as are adequate for the protection of its members:
 (i) the collection of remuneration payable under section 183A;
 (ii) the payment of administrative costs of the collecting society out of remuneration it collects;
 (iii) the distribution of remuneration the collecting society collects;
 (iv) the collecting society holding on trust remuneration for owners of copyright in copyright material who are not members of the society;
 (v) access to the collecting society's records by its members; and
 (f) that the applicant's rules contain