Revocation of declaration
113X Revocation of declaration
Subsection (2) applies if the Minister is satisfied that a body declared to be a collecting society under section 113V:
is not functioning adequately as the collecting society; or
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
has altered its rules so that they no longer comply with paragraphs 113W(c) and (d); or
has refused or failed, without reasonable excuse, to comply with section 113Z or 113ZA.
The Minister may:
revoke the declaration; or
refer to the Copyright Tribunal, in the way prescribed by the regulations, the question whether the declaration should be revoked.
The Tribunal may revoke the declaration if:
the Minister refers the question to the Copyright Tribunal under paragraph (2)(b); and
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.
Section 153A sets out the procedure of the Copyright Tribunal in dealing with the referral.
A revocation under this section must specify the day on which it takes effect.
The Minister must, by notifiable instrument, give notice of a revocation under this section.
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.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Copyright (International Protection) Regulations 1969 · under s 249
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