6
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No.28894
GOVERNMENT GAZETTE, 1 JUNE 2006
to act as such and are in their majority South African citizens or
permanent residents;
(9 the principal place of business in respect of rights administered in the
Repubtic is situated in the Republic;
(g) the accreditation of the applicant does not conflict with, undermine or
diminish the adequate, efficient and effective administration of the right
to receive payment of a royalty in terms of section 9A of the Copyright
Act, 9978, or section 5(l)(b) of the Performers' Protection Act, 1967, as
undertaken by a coltecting society already accredited and established
under the Copyright Act, 1978.
Within thirty days from the lodging of the application, the Registrar shall(a) grant accreditation authorising the applicant to act as a collecting society
established under the Copyright Act, 1978, if the Registrar is satisfied
that the requirements referred to in subregulation (3) are met; or
(b) provisionally refuse to grant accreditation, if the Registrar is not satisfied
thatthe requirements referred to in subregulation (3) are met, but if, in
the opinion of the Registrar, the applicant may modify and/or supplement
the application in a manner that would satisfy the requirements; or
(c) refuse to grant accreditation, if the Registrar is not satisfied that the
requirements referred to in subregulation (3) are met, and within thirty
days of notifying the applicant of the refusal to grant accreditation, the
Registrar shall furnish the applicant with the reasons for refusing in
writing.
(d) In the case of a. provisional refusal to grant accreditation as
contemplated in paragraph (b), the Registrar shall within thirty days of
notifying the applicant of the provisional refusal furnish the applicant with
the reasons for the provisional refusal in writing and grant the applicant a
further period of not less than thirty days to submit a modified and/or
supplemented application, and/or such further particulars as may be
required. Thereafter the Registrar shall grant or refuse the application as
provided for in paragraph (a) or (c) of subregulation (4).
An accreditation shall be granted for a term of five years and shall
subsequently be renewable for further periods of five years. Six months prior
to the expiry of a five-year term, a collecting society established under the
Copyright Act, 1978, may apply for a renewal. The provisions of
subregulations (3) and (4) shall apply rnufafis rnufandis to such a renewal
application.
The Registrar may withdraw an accreditation granted iffa) the collecting society failed to disclose material facts that, if known at the
time of accreditation, would have constituted cause for a refusal of the
accreditation; or
(b) the Registrar becomes aware of facts unknown at the time of
accreditation or of subsequent occurrences which, if placed before him or her
prior to a decision in regard to the granting of accreditation, would have
oonstituted a ground for refusal of accreditation and cannot be remedied
within a time period to be fixed by the Registrar; or
(c) ' in the opinion of the Registrar, the collecting society commits
(i) a material breach of its obligations; or