COMMONWEALTH OF AUSTRALIA

Public Lending Right Act 1985

Public Lending Right Scheme 1997 (Modification No. 1 of 2011)

I, SIMON CREAN, Minister for the Arts, issue the following Notice under paragraph 5(1)(b) of the Public Lending Right Act 1985.

Dated 18 April 2011

SIMON CREAN MP

Minister for the Arts

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1.      Amendment

1.1              The Public Lending Right Scheme 1997 is modified as set out in this Notice.

2. Commencement and effect of modification 

2.1              This instrument takes effect on the day following the day of its registration in the Federal Register of Legislative Instruments.

2.2              Despite subsection 2.1, for the financial years 2010-2011 and 2011-2012 a person’s status as an eligible creator or publisher is not affected by this modification if they had an existing claim or their claim was made on or before 31 March 2010 or 31 March 2011 respectively.

2.3              Despite subsection 2.1, this modification applies only to claims for payments in relation to financial years following the 2011-2012 financial year.  

3.      Part 1 Section 3 – definition of a ‘book’  Insert the following in section  3:

“book means a written work that has been published but excludes:

(a)   audio-visual kits;

(b)   compact discs;

(c)   computer discs;

(d)   electronic books;

(e)   magazines and other serial publications;

(f)    talking books;

(g)   books designed for a single use (for example sticker books and workbooks); and

(h)   any other material determined by the Committee to be excluded from the Scheme.

Note A determination under paragraph (h) is a legislative instrument within the definition of the Legislative Instruments Act 2003.”

4.      Subsection 5(3)

4.1 Delete subsection 5(3) and substitute the following:

“(3)The Committee may have regard to:

 (a) an entry about the book, in the National Bibliographic Database, that names the individual as:

 (i) a creator of the book; or

 (ii) having contributed to the book;

(b)  payments in advance for royalties and whether the creator has a significant continuing financial interest in the book; and

 (c) any other matter that the Committee considers relevant to deciding whether the individual is a creator of the book or eligible to receive a royalty payment.”

5.      Section 6

5.1 Insert the following after subsection 6(3):

“(4) In this section, regularly publishes means publishing new works or revised editions at least once in the preceding three‑year period.

(5) For the avoidance of doubt, regularly publishes does not include the reprinting of books.”

6.      Subsection 10(1)

6.1 Delete subsection 10(1) and substitute the following:

“10 (1) An eligible book is a book that has:

(a)   been allocated an International Standard Book Number (ISBN);

(b)   been published and offered for sale;

(c)   an identifiable creator or creators;

(d)   a total number of eligible creators not exceeding 5;

(e)   a catalogue record in an Australian national bibliographic database; and

(f)    a minimum print run as determined by the Committee.

Note Some books without an ISBN that were eligible under earlier schemes are taken to be eligible books: see section 30 

Note A determination under paragraph 10(1)(f) is a legislative instrument within the definition of the Legislative Instruments Act 2003.”

7.      Subsection 10(2)

7.1 Delete subsection 10(2) and substitute the following:

“10(2) However, a book is not an eligible book if a claim for the book was not lodged within 5 years of the first publication of the book or a revised edition of that book.

10(3) For the avoidance of doubt, the reprint of a book does not entitle a person to lodge a claim for a book that was first published more than 5 years previously which but for the operation of subsection 10(2) would have been an eligible book under the Scheme.”

8.      Section 16

8.1 Delete section 16 and substitute the following:

“16 Minimum and maximum payments under the scheme

(1)               The Minister may determine a minimum payment amount. The Committee may determine different minimum payment amounts for creators and publishers. If the total amount that would be payable to a claimant for a financial year under this scheme is less than the relevant minimum payment amount, the amount is not payable and no credit will accrue.

(2)               The Minister may determine a maximum payment amount. The Committee may determine different maximum payment amounts for creators and publishers. If the total amount that would be payable to a claimant for a financial year under this scheme is more than the relevant maximum payment amount, any amount in excess of the maximum payment amount is not payable and no credit will accrue.

(3)               For the purpose of this section, the total amount payable under this scheme to a claimant who is an eligible creator is the sum of the amounts payable for all eligible books of which the claimant is an eligible creator.

(4)               For the purpose of this section, the total amount payable under this scheme to a claimant that is an eligible publisher is the sum of the amounts payable for all eligible books of which the claimant is an eligible publisher.

(5)               If none of the eligible creators of an eligible book is to be paid for the book because of subsection (1):

(a)   a payment under this scheme is not payable to a publisher for the book; and

(b)   the book is not to be counted in working out a payment (if any) to be made to a publisher.”

Note A determination under subsection 16(1) and (2) are a legislative instrument within the definition of the Legislative Instruments Act 2003.”

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