EXPLANATORY STATEMENT
Public Lending Right Act 1985
Public Lending Right Scheme 1997 (Modification No. 1 of 2013)
Issued by the authority of the Parliamentary Secretary for the Arts.
The Public Lending Right Act 1985 (the Act) provides the legislative framework for a Public Lending Right scheme to, amongst other things, recognise the loss of income by Australian creators and publishers of books held in public lending libraries. In
2011-12, payments totalling $9.3 million were made to 8,659 claimants.
The Public Lending Right Scheme 1997 (the Scheme) provides for the annual rates of payment to eligible creators and publishers. These annual rates may be adjusted through a modification to the Scheme made by the Minister pursuant to paragraph 5(1)(b) of the Act.
The Public Lending Right Committee (the 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 to modify the rates of payment.
The Public Lending Right Scheme 1997 (Modification No. 1 of 2013) increases the creator rate of payment for 2012–13 from $1.86 to $1.96 and the publisher rate of payment from 46.5 cents to 49 cents.
The modification 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).
On 4 April 2012 the Office for Best Practice Regulation advised that a Regulatory Impact Statement is not required for modifications of this type to the Scheme.
Consultation was considered impractical because of the large number of creators and publishers involved and unnecessary as the changes are minor in nature.
Statement of Compatibility with Human Rights
This Legislative Instrument does not engage any of the applicable rights or freedoms.
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview
The Public Lending Right Act 1985, enacted by the Australian Parliament, established a legislative framework for the Public Lending Right scheme, which aims to compensate Australian creators and publishers of books for the loss of income resulting from their works being held in public lending libraries. The scheme is designed to recognise and support the literary community, acknowledging the cultural and economic contributions of authors and publishers. The Public Lending Right Scheme 1997, which provides for the annual rates of payment, can be modified by the Minister under the provisions of the Act, with the Public Lending Right Committee advising on appropriate rates. The 2013 modification to the scheme, Public Lending Right Scheme 1997 (Modification No. 1 of 2013), increased the payment rates for creators and publishers, reflecting adjustments necessary to maintain the scheme's effectiveness and relevance. This legislative instrument was registered in the Federal Register of Legislative Instruments, fulfilling the gazettal requirement under the Act. Given the nature of the modifications, it was deemed unnecessary to prepare a Regulatory Impact Statement, and consultation was considered impractical due to the extensive number of affected creators and publishers.
Scope and Application
The Public Lending Right Act 1985, as modified by the Public Lending Right Scheme 1997 (Modification No. 1 of 2013), establishes a legislative framework aimed at compensating Australian creators and publishers for income lost due to their books being held in public lending libraries. The Act applies to eligible creators and publishers of books who have had their works available in public lending libraries. It does not specify a particular industry or geographic scope beyond the national context, as it is a Commonwealth Act. The Scheme's modifications, including the increase in payment rates, are subject to the oversight of the Public Lending Right Committee, which advises the Minister on the rates of payment. The Act extends its application through subordinate instruments, which in this case, are modifications to the Scheme, as outlined in the Legislative Instruments Act 2003. The modification in 2013 increased the creator rate of payment for 2012-13 from $1.86 to $1.96 and the publisher rate of payment from 46.5 cents to 49 cents.
Key Provisions
The Public Lending Right Act 1985 (the Act) establishes the legislative 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. The Act includes provisions for the annual rates of payment to eligible creators and publishers, which are outlined in the Public Lending Right Scheme 1997 (the Scheme). The rates can be modified by the Minister, as stipulated in section 5(1)(b) of the Act, which allows for adjustments to the rates through legislative instruments. The Public Lending Right Committee (the Committee), established under the Act, provides advice to the Minister on the appropriate rates of payment for eligible creators and publishers.
The obligations imposed by the Act and the Scheme on the parties involved include the requirement for the Minister to consider the advice of the Committee when determining the rates of payment. The Committee must conduct its assessments and provide recommendations based on the impact of public lending on the income of creators and publishers. Additionally, the Act mandates that any modifications to the Scheme must be registered in the Federal Register of Legislative Instruments, as per the Legislative Instruments Act 2003. This ensures that the changes are officially documented and accessible to the public.
The modification of the Public Lending Right Scheme 1997 (Modification No. 1 of 2013) specifically adjusts the rates of payment for creators and publishers. For the year 2012-13, the creator rate increased from $1.86 to $1.96, and the publisher rate rose from 46.5 cents to 49 cents per lending event. The modification reflects a minor but significant adjustment aimed at better compensating creators and publishers for the public lending of their works.
There are no specific offences or penalties outlined in the explanatory statement for breaches of the Act or the Scheme. However, the legislative framework implies that any non-compliance with the requirements of the Act, such as failing to consider the advice of the Committee or not registering modifications in the Federal Register of Legislative Instruments, could lead to legal consequences. While the exact penalties are not detailed in the explanatory statement, they would likely be determined by the relevant legislative provisions and any applicable laws governing administrative actions and legislative instruments.
The explanatory statement also confirms that the modification does not engage any of the applicable rights or freedoms and is compatible with the human rights and freedoms recognised in international instruments. This statement underscores the careful consideration given to the impact of the legislative changes on human rights and the broader community.