Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 153U

References relating to declaration of collecting society

  (1)   This section has effect if the Minister refers to the Copyright Tribunal under section   135ZZZO an application of a body to be declared a collecting society.

  (2)   The parties to the reference are the applicant and 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 either or both of the following questions:

  (i)   whether the applicant should be declared to be a collecting society for all relevant copyright owners (as defined in Part   VD) or a particular class of relevant copyright owners;

  (ii)   whether another body should cease to be the collecting society for any of the relevant copyright owners (as defined in Part   VD) if the applicant is declared to be a collecting society.

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

  (a)   declare the applicant to be a collecting society under section   135ZZZO; or

  (b)   reject the application.

  (5)   If the Tribunal declares the applicant to be the collecting society under section   135ZZZO, the Registrar must publish notice of the declaration in the Gazette .


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