Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:10_13
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 10 cl 13
Character Range: 211993–213141

13  Subsection 135ZZB(1)
Repeal the subsection, substitute:

 (1) A body may apply to the Minister to be declared as a collecting society for all relevant copyright owners or for specified classes of relevant copyright owners.

 (1A) After receiving the application, the Minister must do one of the following:
 (a) declare the body to be a collecting society, by notice in the Gazette;
 (b) refuse to declare the body to be a 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 a collecting society.

Note: Section 153DC sets out the procedure of the Copyright Tribunal in dealing with the reference.

 (1D) A declaration of the body as a collecting society must declare the body to be:
 (a) the collecting society for all relevant copyright owners; or
 (b) the collecting society for classes of relevant copyright owners specified in the declaration.