Copyright (Collective Management Organisations) Regulations 2023
Table of Contents
Enacting Formula
Part 1 PRELIMINARY
1 Citation and commencement
2 Definitions
3 Meanings of "representation agreement" and "partner collecting society"; partner collecting societies not to be regarded as CMO members
Part 2 DEFINITION OF COLLECTIVE MANAGEMENT ORGANISATION
4 Excluded persons
Part 3 CLASS LICENCE FOR COLLECTIVE MANAGEMENT ORGANISATIONS
Division 1 — Class licence
5 Establishment of class licence
Division 2 — Membership agreement
6 CMO must offer non-exclusive membership
7 Membership must be based on written agreement
8 Membership agreement to specify certain matters
9 Membership agreement to incorporate membership, distribution and dispute resolution policies
Division 3 — Membership policy
10 CMO must establish membership policy
11 Members must approve amendments to membership policy
12 Membership criteria
13 Specifying members’ rights to use, and waive tariff collection for, own portfolio
14 Members may vary or terminate grants of rights to CMO
15 Members to be informed
16 Procedure for general meetings of members
17 Other matters
Division 4 — Distribution policy
18 CMO must distribute tariffs, etc., according to distribution policy
19 Members must approve amendments to distribution policy
20 Calculation of total amount to be distributed
21 Calculation of amount to be distributed to each member
22 Ordinary frequency and manner of distribution
23 Dealing with monies that CMO is unable to distribute
24 CMO must collect usage information
25 Information to members about usage of portfolios and distributions of tariffs
26 Opportunity to question basis of distribution
27 Other matters
Division 5 — Dispute resolution policy and mediation
28 CMO must deal with disputes with members and users in accordance with dispute resolution policy
29 Members must approve amendments to dispute resolution policy
30 Matters to be provided for in dispute resolution policy
31 Other matters
32 Direction to mediate
Division 6 — Governance
33 Governance requirements
Division 7 — Records and reports
34 CMO must keep financial records
35 CMO must allow inspection of financial records
36 CMO must make transparency report
Division 8 — Publication of key information and documents, etc.
37 CMO must set up website
38 CMO must publish detailed information about portfolio
39 CMOs may publish less detailed information if users are indemnified
40 CMO must provide confirmation and proof about portfolio
41 CMO must publish other key information and documents
Division 9 — Compliance with regulatory action
42 Email for service
Part 4 PROCEDURES RELATING TO REGULATORY ACTION
Division 1 — Ascertaining whether person is carrying on business as CMO
43 Power to require documents and information
Division 2 — Representations before regulatory action is taken
44 Purpose
45 Notice of intention to take regulatory action
46 Time for making representations, etc.
47 How to make representations
48 Fact finding, etc.
49 Summary rejection in certain cases
50 Notice of decision
Division 3 — Applications to reconsider regulatory action
51 Purpose
52 Notice of right to apply for reconsideration
53 Time for making reconsideration application
54 How to make reconsideration application
55 Fact finding, etc.
56 Withdrawal of reconsideration application
57 Time for deciding on reconsideration application
58 Summary confirmation of original decision in certain cases
59 Notice of reconsidered decision
Division 4 — Appeals to Minister
60 Purpose
61 Time for appeal
62 How to appeal
63 Fact finding, etc.
64 Withdrawal of appeal
65 Summary confirmation of decision in certain cases
66 Notice of decision on appeal
Part 5 GENERAL PROVISIONS
67 Service of documents by IPOS on CMOs
68 Submission of documents to IPOS
69 Submission of documents to Minister under Division 4 of Part 4
70 IPOS’s website
71 Waiver, etc., of fees