Document ID: chunk:federal_register_of_legislation:C2017A00049:clause:1_113v:p1
Version: federal_register_of_legislation:C2017A00049
Segment Type: clause
Provision Reference: sch 1 cl 113V (pt 1/2)
Character Range: 24517–27248

113V  Declaration of collecting society

Applications
 (1) A body may apply, in writing, to the Minister to be declared to be:
 (a) the works collecting society for:
 (i) all eligible rights holders; or
 (ii) specified classes of eligible rights holders; or
 (b) the broadcasts collecting society.

Declarations
 (2) After receiving the application, the Minister must do one of the following:
 (a) declare the body to be a collecting society;
 (b) refuse to declare the body to be a collecting society;
 (c) both:
 (i) refer the application to the Copyright Tribunal in the way prescribed by the regulations; and
 (ii) notify the body of the referral.
 (3) The Copyright Tribunal may declare the body to be a collecting society if the Minister refers the application to the Tribunal under paragraph (2)(c). The Registrar must notify the Minister of the declaration.
Note: Section 153A sets out the procedure of the Copyright Tribunal in dealing with the referral.
 (4) A declaration of the body to be a collecting society under this section must declare the body to be a collecting society:
 (a) for either:
 (i) works to which paragraph 113P(1)(b) applies; or
 (ii) copyright material to which paragraph 113P(2)(b) applies; and
 (b) for:
 (i) if subparagraph (a)(i) of this subsection applies—specified classes of eligible rights holders; or
 (ii) in either case—all eligible rights holders.
 (5) The Minister must, by notifiable instrument, give notice of a declaration made under this section.

Existing collecting societies
 (6) If:
 (a) a body is declared to be the works collecting society for an eligible rights holder; and
 (b) another body is later declared to be the works collecting society for the eligible rights holder;
the first declaration ceases to be in effect on the day (the cessation day) before the second declaration commences, to the extent the first declaration relates to the eligible rights holder.
 (7) If:
 (a) a remuneration notice given to the first body under section 113Q:
 (i) is in force on the cessation day; and
 (ii) applies to a work; and
 (b) the eligible rights holder owns the copyright in the work;
the notice ceases to be in force on the cessation day, to the extent the notice applies to the work.
 (8) A body cannot be declared to be the broadcasts collecting society while another body is declared to be the broadcasts collecting society.

Eligible rights holders
 (9) In this Act:
eligible rights holder means:
 (a) for a works collecting society—the owner of the copyright in a work; or
 (b) for the broadcasts collecting society—any of the following:
 (i) the owner of the copyright in a work, a sound recording or a cinematograph film (other than a new owner of the copyright in a