STAATSKOERANT, 1 JUNIE 2006
NO. 28894
7
continues to breach the obligations set out in this regulation and
ignores directions given to'it by the Registrar regarding any such
breaches.
The Registrar shall notify the collecting society in writing of the withdrawal and
shall furnish reasons in support of his pr her decision.
(7) The grant, renewal, refusal or non-renewal, and the withdrawal of an
accreditation shall be published in the Government Gazette by General
Notice, and may also be published in the South African Intellectual Property
Journal for notification.
(8) The grant, renewal, refusal or non-renewal, and the withdrawal of an
accreditation shall be subject to judicial review on application to the High
Court of South Africa, Transvaal Provincial Division (TPD), brought within
three months after publication,
(ii)
Powers and functions of the Registrar
The Registrar shall exercise a supervisory function in regard to collecting
societies in accordance with the Copyright Act, 1978, the Performers'
Protection Act, 1967, and these Regulations.
(2) The Registrar shall keep a register of all accredited collecting societies
established under the Copyright Act, 1978, and these Regulations, and shalt
ensure that these collecting societies shall discharge their obligations under
the law. The Registrar shall be invited to attend annual or special general
meetings of the members of an accredited collecting society and shall receive
an annual activity report from each collecting society, setting out information
on its activities, financial records and such other records as may be necessary
to assess the degree of compliance of the collecting society with these
Regulations, and with the Copyright Act, 1978 and P,erformers Protection Act,
1967. Such report shall be submitted within thirty days of the end of the
financial year of such collecting society.
(3) An accredited collecting society shall keep the Registrar informed at all times
as to its organisational structure and operational features, and also in regard
to changes concerning the persons entitled by law or in terms of their
organisational structures to represent it, by way of written notification given to
the Registrar, such notification to be given within thirty days of the occurrence
of a change. In particular, an accredited collecting society shall furnish the
Registrar with:
(a) copies of the memorandum and articles of association, trust deed,
founding documents, articles of incorporation, reciprocal agreements
with foreign collecting societies, or any similar document setting out the
basic organisational structure of the collecting society, including the
name and address of its auditors;
(b) notice of any amendments or changes to the documents referred to in
paragraph 4(3)(a), together with a report setting out succinctly the
reasons for the amendment or change;
(c) tariffs set by the collecting society for potential users or user groups, and
any amendments thereto;
(d) annually, an up-to-date fist of members;
(e) annually, an up-to-date list of agreements with foreign collecting
societies;
4.(1)
,