the collecting society
(a) is not functioning adequately as a collecting
society;
(b) is not acting in accordance with its Memorandum and Articles of Association or in the best
interests of its members;
(c) has altered its rules so that it no longer complies with subsection 4 of this section and;
(d) it has refused or failed to comply with any of the provisions of this Act.
47.(1) A collecting society shall, as soon as reasonably practicable after the end of each
financial year,. submit to the Board
(a) a report of its operations during that year;
(b) a copy of its audited accounts in respect of that year.
(2) This section shall apply without prejudice to the obligations of a collecting society under the
provisions of the Companies Act.
48.(1) There shall be a competent authority appointed by the Minister for the purpose of
exercising jurisdiction under this Act where any matter requires to be determined by such authority.
(2) Subject to subsection (3), in any case where it appears to the competent authority
that
(a) the Board is unreasonably refusing to grant a certificate of registration in respect of a collecting
society; or
(b) the board is imposing unreasonable terms or conditions on the granting of such a certificate; or
(c) a collecting society is unreasonably refusing to grant a licence in respect of a copyright work; or
(d) a collecting society is imposing unreasonable terms or conditions on the granting of such a licence;
(e) the competent authority may direct that as respects the doing of any act relating to work with which
the collecting society is concerned or with respect to the granting of a certificate to operate as a
collecting society, a licence or a certificate shall be deemed to have been granted by the collecting
society or the Board at the time the act is done or the application is made, provided the appropriate
fees are paid or tendered before the expiration of such period or periods as the competent authority
may determine.
(3) Where a dispute has been referred to the competent authority under this section, the
competent authority shall, in accordance with such procedure as may be prescribed, give both parties
an opportunity to present their respective cases, either in person or through representatives, both
orally and in writing.