8

8 Minister to make Public and Educational Lending Rights Scheme

(1) The Minister must, by legislative instrument, make a scheme for and in relation to the making of payments to the following:

(a) Australian creators of books that are part of the collections of public lending libraries in Australia or educational lending libraries in Australia;

(b) Australian publishers of those books.

(2) The scheme may make provision for and in relation to one or more of the following:

(a) the making of claims to the Secretary by persons or bodies for approval of the making of payments to the persons or bodies;

(b) the Secretary approving, by notifiable instrument, forms for making claims;

(c) the withdrawal of claims;

(d) the eligibility criteria that a person or body must meet in order for the Secretary to approve the making of payments to the person or body;

(e) the matters that the Secretary must consider in deciding whether to approve the making of payments to a person or body;

(f) the Secretary requiring a person or body to provide further information or documents relating to a claim;

(g) the Secretary requiring a person to verify, by statutory declaration, any information or documents provided to the Secretary;

(h) the Secretary approving, or refusing to approve, the making of payments to a person or body;

(i) the amounts of payments, or a method for working out the amounts of payments, to be made to a person or body;

(j) the making of payments to a person or body;

(k) the duration of payments to be made to a person or body;

(l) the variation or revocation of an approval of the making of payments to a person or body;

(m) the giving of notice of decisions made by the Secretary;

(n) the delegation by the Secretary of the Secretary’s functions or powers under the scheme.

(3) The scheme may provide for the circumstances in which a person has, or has not, contributed a significant proportion of original content to the whole or a part of a book.

(4) Subsections (2) and (3) do not limit subsection (1).

(5) Despite subsection 14(2) of the Legislation Act 2003, the scheme may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.