153FApplications to Tribunal to declare collecting society for government copies

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.

 (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.

 (a) declare the applicant to be a collecting society for the purposes of Division 2 of Part VII; or

 (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 such other provisions as are required by the regulations to be included for the protection of members of the society.

 (7) A declaration must specify the day on which it takes effect.