Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 195B

             (1)  For the purposes of this section, the following decisions are reviewable decisions:

                     (a)  a decision of the Attorney-General refusing to make a declaration in respect of an institution under subsection 10A(1) ;

                     (b)  a decision of the Attorney-General revoking a declaration made in respect of an institution under subsection 10A(1) ;

                   (ba)  a decision of the CEO under subsection 135(6A) to declare a notice given under subsection 135(2) to be ineffective;

                     (c)  a decision of the CEO under section 135AA or 135AJ refusing to seize copies under subsection 135(7);

                     (d)  a decision of the CEO not to give permission under subsection 135AD(1);

                     (e)  a decision of the Minister under paragraph 135P(1A)(b), 135ZZB(1A)(b), 135ZZT(1A)(b) or 135ZZZO(2)(b) refusing to declare a body as a collecting society;

                      (f)  a decision of the Minister under paragraph 135Q(2)(a), 135ZZC(2)(a), 135ZZU(2)(a) or 135ZZZP(2)(a) revoking a declaration of a body as a collecting society.

             (2)  Where the Attorney-General makes a reviewable decision referred to in paragraph (1)(a) or (b), the Attorney-General shall cause to be sent to the institution concerned a written notice containing:

                     (a)  the terms of the decision; and

                     (b)  a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal for review of the decision; and

                     (c)  except where subsection 28(4) of that Act applies--a statement to the effect that the institution may request a statement under section 28 of that Act.

             (3)  If the CEO makes a reviewable decision referred to in paragraph (1)(ba), (c) or (d), the CEO must cause to be sent to the objector or importer whose interests are affected by the decision a notice containing:

                     (a)  the terms of the decision; and

                     (b)  except where subsection 28(4) of the Administrative Appeals Tribunal Act 1975 applies--a statement to the effect that the objector or importer, as the case may be, may request a statement under section 28 of that Act.

             (4)  Failure to include in a notice under subsection (2) or (3) a statement of the kind referred to in paragraph (2)(b) or (c) or (3)(b), as the case requires, does not affect the validity of the decision to which the notice relates.

             (5)  Application may be made to the Administrative Appeals Tribunal for review of a reviewable decision.

             (8)  In this section:

"CEO" means the Chief Executive Officer of Customs.

"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .