Commonwealth Consolidated Acts

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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.

  (2)   The Minister may:

  (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.

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