Document ID: chunk:federal_register_of_legislation:C2017A00049:clause:1_113x
Version: federal_register_of_legislation:C2017A00049
Segment Type: clause
Provision Reference: sch 1 cl 113X
Character Range: 28649–30165

113X  Revocation of declaration
 (1) Subsection (2) applies if the Minister is satisfied that a body declared to be a collecting society under section 113V:
 (a) is not functioning adequately as the collecting society; or
 (b) is not acting in accordance with its rules or in the best interests of those of its members who are eligible rights holders or their agents; or
 (c) has altered its rules so that they no longer comply with paragraphs 113W(c) and (d); or
 (d) has refused or failed, without reasonable excuse, to comply with section 113Z or 113ZA.
 (2) The Minister may:
 (a) revoke the declaration; or
 (b) refer to the Copyright Tribunal, in the way prescribed by the regulations, the question whether the declaration should be revoked.
 (3) The Tribunal may revoke the declaration if:
 (a) the Minister refers the question to the Copyright Tribunal under paragraph (2)(b); and
 (b) the Tribunal is satisfied that paragraph (1)(a), (b), (c) or (d) applies to the body.
The Registrar must notify the Minister of the revocation.
Note: Section 153A sets out the procedure of the Copyright Tribunal in dealing with the referral.
 (4) A revocation under this section must specify the day on which it takes effect.
 (5) The Minister must, by notifiable instrument, give notice of a revocation under this section.
 (6) Subsection 33(3) of the Acts Interpretation Act 1901 does not apply in relation to a power under section 113V of this Act to make a declaration.

Subdivision B—Operation of collecting society