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4 Publicity and reporting
(a) The collecting society will:
(i) take appropriate steps to publicise this Code and the fact that it has agreed to be bound by it; and
(ii) make copies of the Code available to Members, Licensees and the general public on request.
(b) Each collecting society will include in its Annual Report a statement on its compliance with this Code.
   
5 Monitoring, review and amendments
5.1 Code Reviewer
(a) The collecting societies that have agreed to be bound by this Code will appoint a Code Reviewer with specialist expertise in administrative law, copyright law and/or licensing practices to perform the functions conferred by paragraph (d).
(b) The Code Reviewer will be independent of the collecting societies and will have no association with any of them. Neither a lack of independence nor any "association" will, however, be inferred purely by virtue of that person having provided professional services to a collecting society of a kind that does not, or did not, relate to a matter covered by the Code. The Code Reviewer will be appointed for a minimum period of three years.
(c) The functions of the Code Reviewer are:
(i) to monitor, and prepare annual reports on, the level of compliance by Collecting Societies with the obligations imposed on them by this Code; and
    (ii) as part of the functions under subparagraph (i), to consider complaints from Members or Licensees in accordance with clause 5.2(c); and
(iii) to conduct a review of the Code in accordance with clause 5.3.
(d) Each Collecting Society will contribute to the costs and expenses of the Code Reviewer as agreed from time to time.
(e) Having considered the views of both the complainant and the relevant Collecting Society under paragraph (d), the Code Reviewer must form a view on the merits of the compaint that the society failed to comply with clause 3(c):- namely,
(i) whether it is wholly or partly justified;
(ii) whether it is wholly or partly unjustified; or
(iii) whether some other view is appropriate and if so, what view and for what reason
    and to inform the complainant and the relevant Collecting Society of that view, making such recommendations as may be appropriate in the circumstances. If the Code Reviewer considers it appropriate, he or she may also report on that complaint in the annual report produced pursuant to paragraph (f).
5.2 Annual compliance monitoring and reporting
(a) For the purposes of performing his or her functions under clause 5.1(c), the Code Reviewer may undertake such consultations as he or she considers appropriate. Without limiting his or her discretion, the Code Reviewer may:
(i) call for submissions from Members, Licensees and the general public, and from groups representing them, on the level of compliance by collecting societies with the obligations imposed on them by this Code;
(ii) convene meetings with such individuals or groups as he or she considers appropriate; and
(iii) consult with the Commonwealth Department(s) responsible for the administration of the Copyright Act 1968 or such other Commonwealth, State or Territory Government agency as he or she considers appropriate.
(b) In addition to the consultations undertaken in accordance with paragraph (a), each collecting society will report annually to the Code Reviewer on that collecting society's compliance with this Code, including:
(i) its training of employees and agents in accordance with clause 2.7;
(ii) the activities it has undertaken under clause 2.8(a); and
(iii) the number of complaints it has received and how those complaints have been resolved.
  To assist collecting societies in complying with this paragraph, the Code Reviewer will develop templates and/or guidelines for the preparation of reports.
(c) The Code Reviewer may, subject to the terms of this paragraph, receive and consider complaints from Members and Licensees to the effect that a complaint made by the Member or Licensee to the Collecting Society under clause 3 of this Code was not addressed the the manner required by clause 3(c) of the Code.
(d) Upon reciept of a complaint from a Member or Lincesee of the type referred to in paragraph (c) above, the Code Reviewer must:
(i) request of the complainant sufficient information and documentation as to the specific breaches alleged as may be required to elucidate the nature of the complaint;
(ii) provide the relevant Collecting Society with full details of the complaint as so elucidated and allow the Collecting Society a reasonable period within which to provide a response;
(iii) to the extent that the Collecting Society's response makes allegations against the complainant, provide full details of that response to the complainant and allow the complainant a reasonable time within which to reply to those allegations.
  (e) Having considered the views of both the complainant and the relevant Collecting Society under paragraph (d), the Code Reviewer must form a view on the merits of the complaint:– namely:
(i) whether it is wholly or partly justified;
(ii) whether it is wholly or partly unjustified; or
(iii) whether some other view is appropriate and if so, what view and for what reason
    and inform the complainant and the Collecting Society of that view, making such recommendations as may be appropriate in the circumstances. If the Code Reviewer considers it appropriate, he or she may also report on that complaint in the annual report produced pursuant to paragraph (f).
(f) Following his or her consultations, and consideration of the collecting societies' reports, the Code Reviewer will prepare annually a report on compliance generally by collecting societies with this Code. The Code Reviewer will make a copy of the report available to:
(i) each Collecting Society;
(ii) the Commonwealth Department responsible for the administration of the Copyright Act 1968;
(iii) each individual or group that made a submission to the Code Reviewer; and
(iv) members of the public.
5.3 Review and amendment of the Code
(a) This Code will be reviewed:
(i) following the expiry of two years from the Code coming into effect; and
(ii) at least once within each subsequent three year period.
(b) For the purposes of a review of the Code, the Code Reviewer will:
(i) invite written submissions on the operation of the Code and on any amendments that are necessary or desirable to improve the operation of the Code;
(ii) convene and publicise widely, during the period in which submissions may be made, one or more meetings that Members, Licensees and the general public may attend to make oral submissions to the review; and
(iii) undertake such other consultations as he or she considers appropriate, including consultations of the kind set out in clause 5.2(a).
(c) Each collecting society will inform its Members and Licensees in an appropriate manner that the review is being conducted and that they may make submissions to the Code Reviewer.
(d) The Code Reviewer will allow a period of at least two months for the making of submissions.
(e) At the completion of the period for the making of submissions, the Code Reviewer will prepare a report of the review, and will make such recommendations as he or she considers appropriate in relation to the operation of the Code, including recommendations for amendments of the Code.
(f) The Code Reviewer will make a copy of the report of the review to:
(i) each collecting society;
(ii) the Commonwealth Department(s) responsible for the administration of the Copyright Act 1968;
(iii) each individual or group that made a submission to the Code Reviewer; and
(iv) members of the public.

 

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