Public Lending Right Scheme 1997 (Modification No. 1 of 2006)

Overview

The Public Lending Right Act 1985 was enacted to establish a legislative framework for a Public Lending Right (PLR) scheme, aiming to compensate Australian creators and publishers for the income lost due to the public lending of their books. This Act allows the Minister for the Arts and Sport to approve and modify the scheme through notices published in the Gazette. The Public Lending Right Scheme 1997, approved by the Minister on 10 June 1997, outlines the procedure for payments to eligible creators and publishers, with rates adjusted annually in line with wage cost index adjustments. The modification introduced in 2006, as per the Public Lending Right Scheme 1997 (Modification No 1 of 2006), adjusted the annual rates of payment for creators and publishers, increasing the creator rate from $1.40 to $1.43 and the publisher rate from 35 cents to 35.75 cents. The Public Lending Right Committee, comprising representatives from various sectors, was consulted on these modifications, and the changes were deemed minor, not requiring a Regulation Impact Statement or extensive consultation.

Scope and Application

The Public Lending Right Act 1985 is a Commonwealth statute that establishes a framework for the Public Lending Right (PLR) scheme, which aims to compensate Australian creators and publishers of books for the loss of income due to the public lending of their works in libraries. This Act applies to eligible creators and publishers who have their works held in public lending libraries across Australia. The scheme, approved under the Act, is periodically modified to adjust the rates of payments to creators and publishers, typically aligned with changes in the wage cost index. The Minister for the Arts and Sport has the authority to approve and modify the scheme, with modifications being published in the Gazette. The Public Lending Right Committee advises the Minister on matters related to the scheme, including recommendations for payment rates. Notably, the Act's reach is national, affecting all eligible creators and publishers throughout Australia, and while the Act itself provides the legislative framework, the specifics of the scheme are detailed in the Public Lending Right Scheme 1997, which can be modified by the Minister through notices in the Gazette.

Key Provisions

The Public Lending Right Act 1985 (the Act) provides the legislative framework for a Public Lending Right (PLR) scheme designed to compensate Australian creators and publishers for the income lost due to the public lending of their books in libraries (s 5(1)). This Act authorises the Minister for the Arts and Sport to approve a scheme for making payments to eligible individuals concerning books and to modify the approved scheme as necessary (s 5(1)(a) and (b)). The Public Lending Right Scheme 1997 (the Scheme), which was approved on 10 June 1997, is one such scheme that facilitates these payments. Under the Act, the Minister’s role is pivotal in ensuring that the scheme functions smoothly and effectively. The Scheme outlines the annual rates of payments to eligible creators and publishers, which are typically adjusted in line with wage cost index adjustments. Modifications to the rates of payments are published in a Gazette notice and require the Minister’s approval. For instance, in 2005-06, the PLR creator rate of payment was recommended to increase from $1.40 to $1.43, while the publisher rate of payment was suggested to increase from 35 cents to 35.75 cents. The Act also mandates that the Public Lending Right Committee be consulted on any changes to the payment rates. This committee includes a Chairman, representatives from Australian authors, Australian publishers, Australian libraries, the National Library of Australia, and the Attorney-General’s Department. The Chairman, Mr John Shipp, wrote to the Minister on 14 March 2006 recommending the new PLR rates of payment based on the committee’s consultation. The Office of Regulation Review (ORR) confirmed on 16 March 2004 that a Regulation Impact Statement (RIS) was not required for the Gazette notice of the new PLR rates of payments, as the changes were minor or related to the machinery of government. Additionally, ORR noted that consultation was impractical and unnecessary given the minor nature of the changes and the large number of creators and publishers involved. Failure to comply with the requirements of the Act and the Scheme can result in legal consequences. The specific offences, penalties, and civil or criminal consequences for breach are not explicitly detailed in the provided text. However, breaches of legislative requirements generally attract penalties such as fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the Act and the Scheme. The exact penalties would be determined in the context of the breach and in accordance with applicable laws.