Commonwealth Consolidated Acts

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Applications to Tribunal to revoke a declaration of a collecting society

  (1)   Any of the following persons may apply to the Tribunal for the revocation of a declaration under section   153F:

  (a)   the collecting society;

  (b)   a member of the collecting society;

  (c)   a government.

  (2)   The parties to an application are:

  (a)   the applicant for revocation of the declaration; and

  (b)   if the collecting society is not the applicant for revocation of the declaration--the collecting society; and

  (c)   any person made a party by the Tribunal.

  (3)   The Tribunal may make a person a party if:

  (a)   the person asks to be made a party; and

  (b)   the Tribunal thinks that the person has a sufficient interest in the question whether the declaration of the collecting society should be revoked.

  (4)   After giving each party an opportunity of presenting its case, the Tribunal must:

  (a)   revoke the declaration of the collecting society; or

  (b)   reject the application.

  (5)   The Tribunal may only revoke the declaration of a company as the collecting society if the Tribunal is satisfied that the company:

  (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 its members who own copyright in copyright material or who are agents of copyright owners; or

  (c)   has altered its rules so that they no longer comply with any one or more of paragraphs 153F(6)(b) to (f); or

  (d)   has contravened section   183D or 183E (dealing with reporting and accounting, and alteration of rules).

  (6)   A revocation must specify the day on which it takes effect.

  (7)   If the Tribunal revokes the declaration of the collecting society, the Registrar must publish notice of the revocation in the Gazette .

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