Applications to Tribunal to revoke a declaration of a collecting society
153G Applications to Tribunal to revoke a declaration of a collecting society
Any of the following persons may apply to the Tribunal for the revocation of a declaration under section 153F:
the collecting society;
a member of the collecting society;
a government.
The parties to an application are:
the applicant for revocation of the declaration; and
if the collecting society is not the applicant for revocation of the declaration—the collecting society; and
any person made a party by the Tribunal.
The Tribunal may make a person a party if:
the person asks to be made a party; and
the Tribunal thinks that the person has a sufficient interest in the question whether the declaration of the collecting society should be revoked.
After giving each party an opportunity of presenting its case, the Tribunal must:
by notifiable instrument, revoke the declaration of the collecting society; or
reject the application.
The Tribunal may only revoke the declaration of a company as the collecting society if the Tribunal is satisfied that the company:
is not functioning adequately as the collecting society; or
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
has altered its rules so that they no longer comply with any one or more of paragraphs 153F(6)(b) to (f); or
has contravened section 183D or 183E (dealing with reporting and accounting, and alteration of rules).
A revocation must specify the day on which it takes effect.
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