Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subsection (2) applies if the Minister is satisfied that a body declared to be a collecting society under section 113V:
(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 those of its members who are eligible rights holders or their agents; or
(c) has altered its rules so that they no longer comply with paragraphs 113W(c) and (d); or
(d) has refused or failed, without reasonable excuse, to comply with section 113Z or 113ZA.
(a) revoke the declaration; or
(b) refer to the Copyright Tribunal, in the way prescribed by the regulations, the question whether the declaration should be revoked.
(3) The Tribunal may revoke the declaration if:
(a) the Minister refers the question to the Copyright Tribunal under paragraph (2)(b); and
(b) 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.
Note: Section 153A sets out the procedure of the Copyright Tribunal in dealing with the referral.
(4) A revocation under this section must specify the day on which it takes effect.
(5) The Minister must, by notifiable instrument, give notice of a revocation under this section.
(6) 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.