EXPLANATORY STATEMENT
Public Lending Right Act 1985
Public Lending Right Scheme 1997
Public Lending Right Scheme 1997 Determination 2011 (No. 1)
Issued by the authority of the Minister for the Arts.
The Public Lending Right Act 1985 (the Act) provides the legislative framework for a Public Lending Right (PLR) scheme to, amongst other things, recognise the loss of income by Australian creators and publishers of books held in public lending libraries. In
2009-10, payments totalling $8.324 million were made to 8998 claimants.
Under subsection 16(1) of the Public Lending Right Scheme 1997 the Minister may determine minimum payment amounts for creators and publishers.
The Public Lending Right Committee (the Committee), established under the Act, provides advice to the Minister on the minimum payment for eligible creators and publishers. Taking into account the advice of the Committee, the Minister has determined to set the minimum payment for eligible publishers and creators.
The Public Lending Right Scheme 1997 Determination 2011 (No. 1) sets the minimum payment amount for the 2011-12 financial year at $50 and for the 2012-13 financial year and beyond to $100. These minimum payment amounts apply to both eligible creators and publishers.
This Determination is a legislative instrument within the meaning of the Legislative Instruments Act 2003. The gazettal requirement in subsection 5(1) of the Act is taken to be satisfied if the instrument is registered in the Federal Register of Legislative Instruments (subsection 56(1) of the Legislative Instruments Act 2003).
Consultation was considered impractical because of the large number of creators and publishers involved and unnecessary as the changes are minor in nature.