113XRevocation of declaration

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.  (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 113Y  Scope of this Subdivision   This Subdivision applies to:  (a) a works collecting society; or  (b) the broadcasts collecting society. 113Z  Annual report and accounts  (1) The collecting society must, as soon as practicable after the end of each financial year:  (a) prepare a report of its operations during that financial year; and  (b) send a copy of the report to the Minister, for presentation to the Parliament.  (2) The collecting society must keep accounting records correctly recording and explaining the transactions of the society (including any transactions as trustee) and the financial position of the society.  (3) The accounting records must be kept in such a manner as will enable true and fair accounts of the society to be prepared from time to time and those accounts to be conveniently and properly audited.  (4) The collecting society must:  (a) as soon as practicable after the end of each financial year, cause its accounts to be audited by an auditor who is not a member of the society; and  (b) must send to the Minister a copy of its accounts as so audited.  (5) The collecting society must give its members reasonable access to copies of all reports and audited accounts prepared under this section.  (6) This section does not affect any obligations of a collecting society relating to the preparation and lodging of annual returns or accounts under the law under which it is incorporated. 113ZA  Amendment of rules   The collecting society must, within 21 days after it alters its rules, send a copy of the rules as so altered to the Minister, together with a statement setting out:  (a) the effect of the alteration; and  (b) the reasons why it was made. 113ZB  Review of distribution arrangement by Copyright Tribunal  (1) The collecting society or a member of the society may apply to the Copyright Tribunal for review of the arrangement adopted, or proposed to be adopted, by the society for distributing amounts it collects in a period.  (2) After an application is made under subsection (1), the Tribunal must make an order:  (c) substituting for the arrangement another arrangement for distributing amounts the collecting society collects in the period.  (3) If the Tribunal makes an order varying the arrangement or substituting for it another arrangement, the arrangement reflecting the Tribunal’s order:  (a) has effect as if it had been adopted in accordance with the society’s rules; and  (b) does not affect a distribution started before the order was made. 113ZC  Operation of collecting society rules   Division 4 and this Division apply to the collecting society despite anything in the rules of the society, but nothing in those Divisions affects the rules so far as they can operate together with those Divisions. Part V—Remedies and offences