CHAPTER 2 - ANNUAL REPORTS OF NON STATUTORY AUTHORITIES
2.1
The following reports of non statutory bodies
for the financial year 2004-2005 were referred to the committee for examination
and report:
-
Audio-Visual Copyright Society Limited
(Screenrights);
-
Copyright Agency Limited; and
-
Migration Agents Registration Authority.
Audio-Visual Copyright Society Limited (Screenrights)
2.2
Screenrights reported that total collections
(including interest) from the three income-generating licensing services, the
Australian Educational Service, the New Zealand Educational Service and the
International Collections Service, amounted to $21.42 million for the 2004-2005
financial year. This was an increase of 9.11% on the $19.6 million reported in
the 2003-2004 financial year.[34]
2.3
Screenrights also declared the distribution to
its members of $17.41 million of the revenue pool, which was an increase of
7.47% on the $16.2 million declared for distribution in the 2003-2004 financial
year.[35] There were also 'excellent
results in distributing the pools from previous years within the six year
statutory distribution period'. For example, more than 98.7% of the 1999
educational royalties were paid to members before the 30 June 2005 expiration
date, leaving only 1.3% of this money to roll over into the next year's
distribution pool.[36]
2.4
However, while revenue increased during the
reporting period, there were losses in 2005 of $543,807 and in 2004 of
$742,344. Expenses increased, with the expenses to collections ratio for the
reporting period reaching 21.9%. Screenrights advised that this increase could
largely be attributed to the substantial legal costs associated with making an
application to the Copyright Tribunal for the determination of a royalty rate
to be paid by pay television operators for the retransmission of free-to-air
broadcasting.[37] The committee notes
that the royalty, once determined, will provide a new revenue source for
members of Screenrights.
2.5
The expenditure of $1.2 million on the
retransmission case in the reporting period has been incurred on behalf of
members in Screenrights' role as the declared society for Part VC of the
Copyright Act. The expenses were budgeted for and have been fully funded.
Screenrights advised that it 'continues to generate significant positive cash
flows' and the Directors believe that it remains in a position to pay all debts
as they fall due and payable'.[38]
2.6
During the reporting period, important progress
was made in relation to the development of a licence for government copying.
Screenrights advised that it attained in-principal agreement with the Federal
Government for the surveying of copying in government departments and for the
remuneration of such copying. In addition, an agreement is in place with the
state governments for an interim survey of copying over the next 12 months.[39]
2.7
Screenrights also reported a new agreement with
the Australian Vice-Chancellors' Committee (AVCC) entered during the reporting
period. The agreement provides that the 38 AVCC universities can continue to
copy from radio and television and communicate these copies, which will ensure
members' income from this sector for the next five years.[40]
2.8
The
committee finds the annual report of the Audio-Visual Copyright society Limited
(Screenrights) to be 'apparently satisfactory'.
Copyright Agency Limited (CAL)
2.9
CAL's
total revenue for the reporting period was $86.2 million, an increase of 19.3%
over the 2003-2004 financial year result of $72.3 million. Licensing revenue,
which provides the bulk of CAL's
income, increased more than 15% to $76.7 million.[41] CAL's
running costs were kept to less than 15% of total revenue which has resulted in
85.8% of total revenue being available for distribution to CAL
members in 2004-2005. This was an improvement from 84.7% in 2003-2004.[42]
2.10
CAL
also advised that declared distributions improved more than 23% from 2003-2004,
'hitting a record high of $56.1m' and 'contrasting sharply with [CAL's]
first distribution in 1989 of $1.1m'.[43]
More than 91% of the available distribution was allocated to CAL
members and at 30 June 2005
more than $49.3 million in actual payments were made to members.[44]
2.11
CAL
reported a growing scale and complexity in the data it collects from its
clients about copying and digital communication. It also advised that it is
implementing systems and processes to deal with diversity in terms of rates per
page or use, material copied and type of copying. During the reporting period,
it made the first payments at different rates for copying in schools which were
set down by the Copyright Tribunal in 2002. This means that CAL members 'now
benefit from the higher rates for the copying of different types of works,
including stand-alone artistic work, poetry, short stories and plays'.[45]
2.12
Some highlights for the 2004-2005 financial year
included the first payment distributions (almost $5 million) to CAL
members under an Electronic Use System to capture the electronic use of copyright
works across various sectors, and a successful partnership with TAFE Open Learning
Institute to trial digital delivery of course materials to students.[46]
2.13
CAL
also reported success in negotiating licensing agreements with users of
copyright materials in a number of sectors. It advised that commercial
licensing opportunities for its members will be an important focus in the
future; that is, 'developing customised licences that will accurately reflect
the usage of copyright materials within various corporate clients'.[47]
2.14
The committee considers the annual report of the
Copyright Agency Limited to be 'apparently satisfactory'.
Migration Agents Registration Authority (MARA)
2.15
MARA reported that the number of migration
agents has stabilised after several years of increases. This was despite a drop
of 4% over the course of the reporting period.[48] MARA refused 30 applications for
registration in this period and took strong sanctions against registered
migration agents who engaged in unprofessional conduct. During the reporting
period, seven migration agents were cautioned, 12 had their registration
suspended, 12 had their registration cancelled, and six were barred from
returning to the profession. MARA noted that the majority of its decisions are
being upheld on appeal to the Administrative Appeals Tribunal, which reflects
the quality of decisions made.[49]
2.16
A key highlight of the 2004-2005 year was the
upgrade of MARA's web-based processes and information for migration agents,
providers and the general public. This new functionality allows an agent to log
in and update online their contact and business details appearing on the
Register, view records of completed Continuing Professional Development (CPD) activities
and access an electronic version of their personalised application form. Some
of the other achievements recorded by MARA over the reporting period included:
-
movement towards a suitable tertiary course for
entry to the profession to be implemented from July 2006;
-
a review of consumer access to MARA's Sydney
office and telephone assistance services;
-
a review of the complaint resolution processes;
and
-
improving the CPD framework by implementing
mandatory CPD activities.[50]
2.17
MARA also noted that, with effect from 1 July
2005, the Migration Agents Regulations 1998 will be amended to, amongst other
things, prescribe professional indemnity insurance for all migration agents,
and remove the requirement that Australian permanent residents be 'usually
resident' in Australia to allow holders of Australian permanent visas, who
primarily reside overseas, to register as migration agents.[51]
2.18
The committee finds the annual report of the
Migration Agents Registration Authority to be 'apparently satisfactory'.
For further information, contact:
Committee Secretary
Senate Standing Committees on Legal and Constitutional Affairs
PO Box 6100
Parliament House
Canberra ACT 2600
Australia
Navigation: Previous Page | Contents | Next Page