EXPLANATORY STATEMENT
Public Lending Right Act 1985
Public Lending Right Scheme 1997 (Modification No. 1 of 2008)
Issued by the authority of the Minister for the Environment, Heritage and 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
2006-07, payments totalling $7.1 million were made to 8,866 claimants.
Subsection 5(1) of the Act allows the Minister, by notice published in the Gazette to: (a) approve a scheme for and in relation to the making of payments to persons in respect of books; and (b) modify the scheme so approved.
Subsection 56(1) of the Legislative Instruments Act 2003 (LIA) provides that if, before the commencement of the LIA, an instrument was required to be published in the Gazette, the gazettal requirement is taken to be satisfied if the instrument is registered in the Federal Register of Legislative Instruments. As the Act has not been amended in relation to the gazettal requirement since the commencement of the LIA, subsection 56(1) of the LIA applies.
The Public Lending Right Scheme 1997 (the Scheme) was approved by the then Minister on 10 June 1997. The Scheme was published in Special Gazette No. S213 on
12 June 1997.
The annual rates of payment to eligible creators and publishers are adjusted each year by modifications to the Scheme.
The Public Lending Right Committee, established under the Act, provides advice to the Minister on the rates of payment for eligible creators and publishers. Taking into account the advice of the committee, the Minister has determined amended rates of payment. The Public Lending Right Scheme 1997 (Modification No. 1 of 2008) increases the 2007-08 creator rate of payment from $1.47 to $1.57 and the publisher rate of payment from 36.75 cents to 39.25 cents.
On 16 March 2004 the former Office of Regulation Review (now the Office for Best Practice Regulation) advised that a Regulation Impact Statement is not required for the determination of new PLR rates of payment for creators and publishers.