Public Lending Right Scheme 2016 (Cth)

Public Lending Right Scheme 2016

Public Lending Right Act 1985

I, MITCH FIFIELD, Minister for the Arts, approve the following Scheme under subsection 5(1) of the Public Lending Right Act 1985.

Dated 28 September 2016.

MITCH FIFIELD Minister for the Arts

Part 1—Preliminary

1 Name of Instrument This Instrument is the Public Lending Right Scheme 2016.

2 Commencement This Instrument commences on the day after it is registered on the Federal Register of Legislation.

2A Authority This Instrument is made under subsection 5(1) of the Public Lending Right Act 1985.

2B Repeal The Public Lending Right Scheme 1997 in force immediately before this Instrument commences is repealed.

3 Definitions

In this Instrument (the Scheme): Act means the Public Lending Right Act 1985. book means a written work that has been published but excludes: (a) audio‑visual kits; (b) compact discs; (c) computer discs; (d) electronic books; (e) magazines and other serial publications; (f) talking books; (g) books designed for a single use (for example sticker books and workbooks); and (h) any other material determined by the Committee to be excluded from the Scheme. Note: A determination under paragraph (h) is a legislative instrument within the definition of the Legislation Act 2003. classified libraries means public lending libraries other than: (a) the National Library of Australia; and (b) a reference library established by the government of a State or Territory. Note: The effect of paragraph 5(2)(a) of the Act is that this scheme is limited to books held in libraries in Australia. commencing year, for a book, means the financial year starting during the first calendar year after the calendar year in which the book was first published. Example of commencing year: For a book published at any time in 2016, the commencing year will start on 1 July 2017. creator, for a book, means an individual mentioned in paragraph 5(4)(a) or 5(4)(c) of the Act. Note: The individuals mentioned in paragraphs 5(4)(a) and 5(4)(c) of the Act are: * an Australian author of a book; and * an Australian person who illustrated, translated, compiled or edited the book or otherwise contributed to its form or contents. earlier scheme means a former scheme or the previous scheme. eligible creator has the meaning given by section 5. eligible publisher has the meaning given by section 6. estimated number of copies, for a book, means the number estimated under subsection 11(2). former scheme means: (a) the Public Lending Right Scheme approved on 12 June 1997; or (b) the Public Lending Right Scheme approved on 15 May 1991; or (c) the Public Lending Right Scheme approved on 12 June 1987. Australian bibliographic database includes the Australian National Bibliographic Database operated by the National Library of Australia and the Schools Catalogue Information Service operated by Education Services Australia. Note: A number of expressions used in this scheme are defined in the Act (see s 3), including: * claim * claimant * Committee * previous scheme.