Commonwealth Numbered Acts

PUBLIC LENDING RIGHT ACT 1985 No. 200, 1985 - SECT 5

5. (1) The Minister may, by notice published in the Gazette-

   (a)  approve a scheme for and in relation to the making of payments to
        persons in respect of books; and

   (b)  modify the scheme so approved.

(2) The Minister shall not approve a scheme under paragraph (1) (a) if it
provides-

   (a)  for the making of payments in respect of books other than books that
        are held in libraries in Australia; or

   (b)  for the making of payments in respect of books to persons who are not
        prescribed persons in relation to those books.

(3) The Minister shall not modify the scheme under paragraph (1) (b) if
sub-section (2) would have prohibited the Minister from approving the scheme,
as so modified, under paragraph (1) (a).
(4) In this section, "prescribed person", in relation to a book, means-

   (a)  an Australian author of the book;

   (b)  where an Australian author of the book has died - a widow, widower or
        child of the deceased author, or a person having a relationship or
        association with the deceased author of a kind specified in the
        scheme;

   (c)  an Australian person who illustrated, translated, compiled or edited
        the book or otherwise contributed to its form or contents;

   (d)  where an Australian person who illustrated, translated, compiled or
        edited the book or otherwise contributed to its form or contents has
        died - a widow, widower or child of the deceased person, or a person
        having a relationship or association with the deceased person of a
        kind specified in the scheme; and

   (e)  a publisher of the book who is included in a class of publishers
        specified in the scheme.