Public and Educational Lending Rights (Better Income for Authors) Act 2026
No. 45, 2026
An Act to provide support for Australian creators and publishers of books available in Australian public and educational lending libraries, and for related purposes
[Assented to 20 May 2026]
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act is the Public and Educational Lending Rights (Better Income for Authors) Act 2026.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 20 May 2026
Sections 3 to 45 A single day to be fixed by Proclamation.However, if the provisions do not commence within the period of 18 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Object of this Act
The object of this Act is to establish a statutory scheme (the Public and Educational Lending Rights Scheme) for the purposes of:
(a) making payments to Australian creators of books, and to Australian publishers of books in Australia, in connection with the rights of copyright in those books, in recognition of income derived from those rights that is lost as a result of their books being made available by public lending libraries in Australia or educational lending libraries in Australia; and
(b) the Commonwealth Government, as the national Government of Australia, supporting the enrichment of Australian culture by encouraging the growth and development of Australian writing and publishing by making such payments through a national scheme.
4 Simplified outline of this Act
The Minister must make a scheme (the Public and Educational Lending Rights Scheme) covering 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.
The Public and Educational Lending Rights Committee is established. Its functions include those conferred on it by the scheme and advising the Secretary and the Minister about matters relating to the operation of this Act or of that scheme.
There are provisions providing for the reconsideration of decisions by the Secretary and the review of decisions by the Administrative Review Tribunal.
5 Definitions
In this Act:
appointed member means a member of the Committee covered by paragraph 13(a), (b), (c) or (d).
Australia, when used in a geographical sense, includes the external Territories.
Australian creator of a book means:
(a) an Australian person who is the author of the whole or a part of the book; or
(b) an Australian person who:
(i) has illustrated or translated the whole or a part of the book; or
(ii) has otherwise contributed a significant proportion of original content to the whole or a part of the book.
Note: See also subsection 8(3).
Australian person means:
(a) an individual who is an Australian citizen; or
(b) an individual who is a permanent resident of Australia.
Australian publisher means:
(a) a body corporate that is incorporated in Australia and that carries on a business that consists of, or includes, the publishing of books in Australia; or
(b) a registered charity that publishes books in Australia to advance the charity’s purposes and that satisfies the requirements (if any) prescribed by the rules for the purposes of this paragraph; or
(c) an Australian creator of a book who also publishes the book in Australia; or
(d) a person or body that satisfies the requirements prescribed by the rules for the purposes of this paragraph.
book:
(a) includes an ebook, an audiobook and any other thing prescribed by the rules for the purposes of this paragraph; but
(b) does not include any thing prescribed by the rules for the purposes of this paragraph.
Chair means the Chair of the Committee.
Committee means the Public and Educational Lending Rights Committee established by section 10.
Deputy Chair means the Deputy Chair of the Committee.
member means a member of the Committee and includes the Chair and Deputy Chair.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
permanent resident of Australia means a person who is a permanent resident within the meaning of the Australian Citizenship Act 2007.
Public and Educational Lending Rights Scheme means the scheme made under section 8, as the scheme is in force from time to time.
registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.
reviewable decision means a decision that is made under the Public and Educational Lending Rights Scheme and that is prescribed by the rules for the purposes of this definition.
rules means the rules made by the Minister under section 45.
Secretary means the Secretary of the Department.
6 This Act extends to the external Territories
This Act extends to every external Territory.
Part 2—Public and Educational Lending Rights Scheme
7 Simplified outline of this Part
The Minister must make a scheme (the Public and Educational Lending Rights Scheme) covering 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.
The scheme covers the making and deciding of claims for those payments and the determination of the amounts of those payments.
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.
Part 3—Public and Educational Lending Rights Committee
Division 1—Simplified outline of this Part
9 Simplified outline of this Part
The Public and Educational Lending Rights Committee is established. Its functions include:
(a) those conferred on it by the Public and Educational Lending Rights Scheme; and
(b) advising the Secretary and the Minister about matters relating to the operation of this Act or that scheme.
It has 7 members, including members representing Australian creators of books, Australian publishers of books and public lending libraries and educational lending libraries in Australia.
Division 2—Establishment and functions and powers of the Public and Educational Lending Rights Committee
10 Establishment of Public and Educational Lending Rights Committee
The Public and Educational Lending Rights Committee is established by this section.
11 Committee’s functions
The Committee has the following functions:
(a) any functions conferred on it by the Public and Educational Lending Rights Scheme;
(b) to provide advice to the Secretary, upon request by the Secretary, in respect of matters relating to the operation of this Act or that scheme;
(c) to provide advice to the Minister, on its own initiative or upon request by the Minister, in respect of matters relating to the operation of this Act or that scheme;
(d) to make recommendations to the Minister about changes to that scheme.
12 Committee’s powers
The Committee has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.
Division 3—Committee members
13 Number of Committee members
The Committee consists of the following members:
(a) a Chair;
(b) 2 members to represent Australian creators of books;
(c) a member to represent Australian publishers of books;
(d) a member to represent public lending libraries in Australia and educational lending libraries in Australia;
(e) a member who is an APS employee in the Department administered by the Minister administering the Copyright Act 1968 and is nominated by the Secretary of that Department;
(f) a member who is an APS employee of the National Library of Australia and is nominated by the Director‑General of that library.
14 Appointments
(1) A member of the Committee covered by paragraph 13(a), (b), (c) or (d) is to be appointed by the Minister by written instrument, on a part‑time basis.
Note: An appointed member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) The Minister must not appoint a person as a member unless the Minister is satisfied that the person has appropriate qualifications, knowledge, skills or experience.
(3) The Minister must appoint a member covered by paragraph 13(b), (c) or (d) to be the Deputy Chair.
15 Term of appointments
(1) An appointed member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
Note: An appointed member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) A person must not hold office as an appointed member for a total period of more than 9 years.
16 Acting positions
Acting by operation of law
(1) The Deputy Chair is to act as the Chair:
(a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair:
(i) is absent from duty; or
(ii) is, for any reason, unable to perform the duties of the office.
Acting appointments
(2) The Minister may, by written instrument, appoint an appointed member to act as the Deputy Chair:
(a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Deputy Chair:
(i) is acting as the Chair; or
(ii) is absent from duty; or
(iii) is, for any reason, unable to perform the duties of the office.
(3) The Minister may, by written instrument, appoint a person to act as an appointed member (other than the Chair or the Deputy Chair):
(a) during a vacancy in the office of an appointed member (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when an appointed member:
(i) is acting as the Deputy Chair; or
(ii) is absent from duty; or
(iii) is, for any reason, unable to perform the duties of the office.
(4) A person must not be appointed under subsection (3) to act as an appointed member unless the Minister is satisfied that the person has appropriate qualifications, knowledge, skills or experience.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
17 Remuneration
(1) An appointed member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, that member is to be paid the remuneration that is prescribed by the rules.
(2) A member is to be paid the allowances (if any) that are prescribed by the rules.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
18 Leave of absence
(1) The Minister may grant the Chair leave of absence on the terms and conditions that the Minister determines.
(2) The Chair may grant leave of absence to any other appointed member on the terms and conditions that the Chair determines.
(3) The Chair must notify the Minister if the Chair grants an appointed member leave of absence for a period that exceeds 4 months.
19 Other paid work
A member must not engage in any paid work that conflicts or could conflict with the proper performance of the member’s duties.
20 Disclosure of interests to the Minister
An appointed member must give written notice to the Minister of any direct or indirect pecuniary interest that the member has or acquires and that conflicts or could conflict with the proper performance of the member’s functions.
21 Disclosure of interests to the Committee
(1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Committee must disclose the nature of the interest to a meeting of the Committee.
(2) The disclosure must be made as soon as possible after the relevant facts have come to the member’s knowledge.
(3) The disclosure must be recorded in the minutes of the meeting.
(4) Unless the Minister or the Committee otherwise determines, the member:
(a) must not be present during any deliberation by the Committee on the matter; and
(b) must not take part in any decision of the Committee with respect to the matter.
(5) For the purposes of the Committee making a determination under subsection (4), the member:
(a) must not be present during any deliberation of the Committee for the purpose of making the determination; and
(b) must not take part in making the determination.
(6) A determination of the Committee under subsection (4) must be recorded in the minutes of the meeting of the Committee.
22 Resignation of appointment
(1) An appointed member may resign the member’s appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
23 Termination of appointment
(1) The Minister may terminate the appointment of an appointed member:
(a) for misbehaviour; or
(b) if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.
(2) The Minister may terminate the appointment of an appointed member if:
(a) the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the member’s creditors; or
(iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or
(b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Committee; or
(c) the member engages in paid work that conflicts or could conflict with the proper performance of the member’s duties (see section 19); or
(d) the member fails, without reasonable excuse, to comply with section 20 (disclosure of interests to the Minister) or section 21 (disclosure of interests to the Committee).
24 Other terms and conditions
An appointed member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
Division 4—Meetings
25 Convening meetings
(1) The Committee must hold such meetings as are necessary for the efficient performance of its functions.
(2) The Chair:
(a) may convene a meeting at any time; and
(b) must convene a meeting within 30 days after receiving a written request to do so from:
(i) at least 3 other members of the Committee; or
(ii) the Minister.
26 Quorum
(1) At a meeting of the Committee, a quorum is constituted by a majority of members, which must include the Chair or the Deputy Chair.
(2) However, if:
(a) a member is required under section 21 not to be present during the deliberations, or to take part in any decision, of the Committee with respect to a particular matter; and
(b) when the member leaves the meeting concerned there is no longer a quorum present;
the remaining members of the Committee at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.
27 Presiding at meetings
(1) The Chair must preside at all meetings of the Committee at which the Chair is present.
(2) The Deputy Chair must preside at a meeting of the Committee at which the Deputy Chair is present if the Chair is not present.
28 Voting at meetings
(1) A question arising at a meeting of the Committee is to be determined by a majority of the votes of the members of the Committee present and voting.
(2) The person presiding at a meeting of the Committee has a deliberative vote and, if the votes are equal, a casting vote.
29 Minutes
The Committee must keep minutes of its meetings.
30 Conduct of meetings
The Committee may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.
Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Committee members may participate in meetings.
31 Decisions without meetings
(1) The Committee is taken to have made a decision at a meeting if:
(a) without meeting, a majority of the members of the Committee entitled to vote on the proposed decision indicate agreement with the decision; and
(b) that agreement is indicated in accordance with the method determined by the Committee under subsection (2); and
(c) all the members of the Committee were informed of the proposed decision or reasonable efforts were made to inform all the members of the Committee of the proposed decision.
(2) Subsection (1) applies only if the Committee:
(a) has determined that it may make decisions of that kind without meeting; and
(b) has determined the method by which members of the Committee are to indicate agreement with proposed decisions.
(3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Committee.
(4) The Committee must keep a record of decisions made in accordance with this section.
Part 4—Review of decisions
32 Simplified outline of this Part
The Secretary is able to reconsider decisions made under the Public and Educational Lending Rights Scheme and prescribed by the Minister’s rules, where the decisions are made by a delegate of the Secretary.
The Administrative Review Tribunal is able to:
(a) review decisions made by the Secretary upon that reconsideration; and
(b) review decisions made under the Public and Educational Lending Rights Scheme and prescribed by the Minister’s rules, where the decisions are made by the Secretary personally.
33 Secretary’s reconsideration of decisions
(1) A person whose interests are affected by a reviewable decision made by a delegate of the Secretary may request the Secretary to reconsider the decision.
Note: See section 34 for review of a reviewable decision that is made by the Secretary personally.
Form and timing of request
(2) The person must make the request in writing:
(a) before the end of the period of 28 days beginning on the day on which the person is notified of the reviewable decision, unless paragraph (b) applies; or
(b) if the Secretary allows a longer period for making the request—before the end of that longer period.
Reasons for request
(3) The person must set out in the request the reasons for the request.
Decision on reconsideration
(4) The Secretary, on receiving a person’s request made in accordance with subsections (2) and (3):
(a) must reconsider the reviewable decision personally; and
(b) must do one of the following:
(i) affirm the reviewable decision;
(ii) vary the reviewable decision;
(iii) set aside the reviewable decision;
(iv) set aside the reviewable decision and make a new decision in substitution for the reviewable decision.
(5) The Secretary must make the decision on reconsideration before the end of the period of 90 days beginning on the day the Secretary receives the request.
Notice of decision on reconsideration
(6) The Secretary must give the person written notice of:
(a) the Secretary’s decision on reconsideration; and
(b) the reasons for that decision; and
(c) the person’s review rights under section 34.
When decision on reconsideration takes effect
(7) The Secretary’s decision on reconsideration takes effect:
(a) on the day specified in the notice; or
(b) if a day is not specified—on the day on which that decision is made.
Secretary may be taken to have affirmed reviewable decision
(8) The Secretary is taken to have made a decision affirming the reviewable decision if the Secretary has not notified the person of the Secretary’s decision on reconsideration before the end of the period applicable under subsection (5).
34 Administrative Review Tribunal review of decisions
(1) An application may be made to the Administrative Review Tribunal for review of the following decisions:
(a) a reviewable decision that is made by the Secretary personally;
(b) a decision under subsection 33(4) that is made, or a decision under subsection 33(8) that is taken to have been made, by the Secretary.
(2) Subsection 12(2) of the Administrative Review Tribunal Act 2024 does not apply to a decision covered by paragraph (1)(a) of this section.
Part 5—Recovery of payments
35 Simplified outline of this Part
Payments made under the Public and Educational Lending Rights Scheme are able to be recovered:
(a) because of a court order; or
(b) if they are made because of a person or body providing false or misleading information or documents; or
(c) if there is an overpayment.
36 Recovery because of court order
(1) If a court convicts a person of an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act, the court may, in addition to imposing a penalty, order the person to pay to the Commonwealth an amount specified in the order.
Note: Those sections relate to the making of false or misleading statements or the giving of false or misleading information or documents under a law of the Commonwealth.
(2) The court must not specify an amount that exceeds the total amount paid to the person under the Public and Educational Lending Rights Scheme because of the act, failure or omission in respect of which the person was convicted.
Secretary’s certificate
(3) The Secretary may certify in writing that a specified amount is the total amount paid to a specified person under the Public and Educational Lending Rights Scheme because of a specified act, failure or omission.
(4) A certificate under subsection (3) is prima facie evidence of the matters stated in the certificate.
37 Recovery of payments made because of false or misleading information or documents
(1) The Commonwealth may recover from a person or body an amount equal to the amount paid to the person or body under the Public and Educational Lending Rights Scheme if the amount paid was because of the person or body providing information or a document to the Secretary that was false or misleading in a material particular.
(2) The Secretary may, on behalf of the Commonwealth, recover the amount from the person or body as a debt due to the Commonwealth by action in a court of competent jurisdiction.
Secretary’s certificate
(3) The Secretary may certify in writing that a specified amount is the amount paid to a specified person or body under the Public and Educational Lending Rights Scheme because of the person or body providing information or a document to the Secretary that was false or misleading in a material particular.
(4) A certificate under subsection (3) is prima facie evidence of the matters stated in the certificate.
38 Recovery of overpayments
Set‑off
(1) The Secretary may, on behalf of the Commonwealth, set off the whole or a part of an overpayment of an amount paid to a person or body under the Public and Educational Lending Rights Scheme against another payment to the person or body under that scheme.
Notice requiring person or body to pay amount to Commonwealth
(2) If the Secretary is not able to do so, the Secretary may give the person or body a written notice:
(a) specifying the amount the Commonwealth is not able to set off; and
(b) requiring the person or body to pay to the Commonwealth an amount equal to the amount specified under paragraph (a); and
(c) specifying the period within which the person or body must make the payment, which must be a period of at least 28 days starting on the day on which the notice is given.
Debt
(3) If a person or body is required by a notice under subsection (2) to pay an amount to the Commonwealth and an amount payable by the person or body remains unpaid at the end of the period specified in the notice, the amount unpaid:
(a) is a debt due to the Commonwealth; and
(b) may be recovered by the Secretary, on behalf of the Commonwealth, by action in a court of competent jurisdiction.
Notice not a legislative instrument
(4) A notice under subsection (2) is not a legislative instrument.
Part 6—Other matters
39 Simplified outline of this Part
This Part deals with various matters, such as the staff necessary to assist the Committee, the preparation of reports by the Secretary and the making of rules by the Minister.
40 Payments inalienable
(1) A right (if any) to receive a payment under the Public and Educational Lending Rights Scheme is absolutely inalienable, whether by way of, or in consequence of, assignment, charge, execution, bankruptcy or otherwise.
(2) This section is subject to section 41.
41 Payment to legal personal representative
The Secretary must, on behalf of the Commonwealth, pay an amount under the Public and Educational Lending Rights Scheme to the legal personal representative of a person if:
(a) the amount is payable to that person under that scheme; and
(b) the amount has not been paid to that person at the date of that person’s death.
42 Staffing
The staff necessary to assist the Committee are to be APS employees in the Department made available for the purpose by the Secretary.
43 Reports by the Secretary
Annual report
(1) The Secretary must, as soon as practicable after the end of each financial year, cause a report to be prepared and given to the Minister on the operation of this Act and the Public and Educational Lending Rights Scheme during that year.
(2) The report may include:
(a) information or comments concerning the effect of that scheme; and
(b) recommendations relating to any matters concerning the operation of this Act or that scheme.
(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
Other reports
(4) The Secretary:
(a) must give the Minister such additional reports as the Minister requires; and
(b) may give the Minister such other reports as the Secretary thinks fit.
44 Delegation by the Secretary
(1) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department one or more of the Secretary’s powers or functions under section 36, 37, 38 or 41.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
Directions to delegate
(2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any written directions of the Secretary under subsection (3).
(3) The Secretary may, in writing, give directions for the purposes of subsection (2).
45 Rules
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) To avoid doubt, the rules may not do the following: