Commonwealth Consolidated Regulations

COPYRIGHT REGULATIONS 2017 - REG 17

  (1)   For the purposes of paragraphs 113W(d), 135ZZT(3)(d) and 135ZZZO(7)(d) of the Act, the following provisions of rules of a collecting society are prescribed:

  (a)   that accounting periods must be determined, in accordance with the rules, by the collecting society for accounting purposes and that no accounting period may extend beyond 30   June in any year;

  (b)   that a consistent practice must be followed with regard to attributing the receipts and expenditure of the collecting society to a particular accounting period;

  (c)   that the collecting society must exercise reasonable diligence in the collection of amounts of equitable remuneration, having regard to the expenses likely to be incurred in the collection of such amounts;

  (d)   that the total amount of any gifts for cultural or benevolent purposes made by the collecting society in respect of any accounting period must not exceed such percentage of the total amount of equitable remuneration received by the society for that accounting period as is specified in the rules;

  (e)   that the administrative costs and other outgoings of the collecting society paid by the society out of the amounts of equitable remuneration collected by it must be reasonable;

  (f)   that the distributable amount relating to each accounting period of the collecting society must be allocated in accordance with a scheme of allocation (the scheme ) that:

  (i)   is determined in accordance with the rules; and

  (ii)   includes criteria for allocation that are specified in the rules; and

  (iii)   provides for the allocation of potential shares in the distributable amount to entitled persons;

  (g)   that, in relation to each potential share in the distributable amount allocated in accordance with the scheme of the collecting society to an entitled person who is a member of the society at the time of allocation, an amount representing the share must be paid, as soon as is reasonably possible after the allocation, to the entitled person;

  (h)   that, in relation to each potential share in the distributable amount allocated in accordance with the scheme of the collecting society to an entitled person who is not a member of the society at the time of allocation, an amount representing the share:

  (i)   must be paid, as soon as is reasonably possible after the allocation, into a trust fund operated by the society for purposes referred to in paragraph   (i); and

  (ii)   subject to subparagraph   (iii), must be held in that fund in accordance with the rules of the society; and

  (iii)   if the entitled person becomes a member while the amount is held in the trust fund--must be distributed to the person as soon as is reasonably possible after he or she becomes a member;

  (i)   that a trust fund must be operated by the collecting society for purposes that include the holding on trust, for any entitled person who is not, and whose agent is not, a member of the society, of any potential share allocated to that person in accordance with the scheme;

  (j)   that any part of a distributable amount, relating to an accounting period, that cannot for any reason be distributed must be held on trust in the trust fund referred to in paragraph   (i) until distribution becomes possible or until the end of a specified period of not less than 4 years, whichever happens first;

  (k)   that a member of the collecting society must, on request, be given reasonable access to the records of the society, whether or not the member is an entitled person.

  (2)   For the purposes of paragraph   153F(6)(f) of the Act, the rules of an applicant to be declared a collecting society are required to include provisions with the effects described in paragraphs   (1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k) of this section.

  (3)   In this instrument:

"distributable amount" , in relation to an accounting period of a collecting society, means the amount of equitable remuneration received by the society that is:

  (a)   attributable to that period (in accordance with the practice of the society); or

  (b)   otherwise available for distribution;

after the payment or reservation, out of that amount, of:

  (c)   amounts attributable to that period that are paid or held, in accordance with the rules of the society, for:

  (i)   gifts made by the society; and

  (ii)   administrative costs and other outgoings of the society; and

  (d)   amounts to be carried forward, in accordance with the rules of the society, to the next accounting period.

"entitled person" , in relation to a collecting society declared under a section of the Act mentioned in column 1 of an item of the following table, means:

  (a)   a member of the collecting society who is:

  (i)   a person described in column 2 of that item; or

  (ii)   the agent of a person described in column 2 of that item; or

  (b)   a person described in column 2 of that item who is not a member of the collecting society and whose agent, if any, is not a member.

"equitable remuneration" , in relation to a collecting society declared under a section of the Act mentioned in column 1 of an item of the following table, has the meaning given by column 2 of the item.

"potential share" means a share that is:

  (a)   a share in a distributable amount; and

  (b)   represented by an amount that will be distributed in the circumstances referred to in paragraph   (1)(g) or (h).

"relevant copyright owner" :

  (a)   in relation to a collecting society declared under section   135ZZT of the Act--has the same meaning as in Part   VC of the Act; and

  (b)   in relation to a collecting society declared under section   135ZZZO of the Act--has the same meaning as in Part   VD of the Act.