Commonwealth Consolidated Acts

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Revocation of declaration

  (1)   This section applies if the Minister is satisfied that a body declared as a collecting society:

  (a)   is not functioning adequately as a collecting society; or

  (b)   is not acting in accordance with its rules or in the best interests of those of its members who are relevant copyright owners, or their agents; or

  (c)   has altered its rules so that they no longer comply with paragraphs 135ZZZO(7)(c) and (d); or

  (d)   has refused or failed, without reasonable excuse, to comply with section   135ZZZQ or 135ZZZR.

  (2)   The Minister may:

  (a)   by notice published in the Gazette , revoke the declaration; or

  (b)   refer the question whether the declaration should be revoked to the Copyright Tribunal in the way prescribed by the regulations.

  (3)   If the Minister refers the question to the Copyright Tribunal, the Tribunal may revoke the declaration if it is satisfied that any of paragraphs   (1)(a), (b), (c) and (d) applies to the body.

Note:   Section   153V sets out the procedure of the Copyright Tribunal in dealing with the reference.

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