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CMOs must be licensed
461.—(1) It is an offence for a person to carry on business as a CMO —(a) without a class licence; or (b) while under a cessation order. (2) A person who commits an offence under subsection (1) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.
Class licences
462.—(1) The Minister may, by regulations —(a) establish one or more class licences (whether for all CMOs or for different classes of CMOs); (b) prescribe, change, add to or revoke class licence conditions; and (c) end a class licence. (2) Without limiting subsection (1)(b), class licence conditions may relate to —(a) the rights that a CMO must grant to its members; (b) the collection and distribution of royalties or any other payment by the CMO; (c) the information that a CMO must provide to its members or the public; (d) the manner by which a CMO must resolve any disputes with its members; and (e) the governance of a CMO.
Financial penalty for non‑compliance with class licence conditions
463.—(1) If IPOS finds that a licensed CMO has contravened any of its class licence conditions, IPOS may, by written notice, impose —(a) a financial penalty not exceeding $20,000 on the CMO; and (b) a financial penalty not exceeding $20,000 on each officer of the CMO that IPOS considers to be responsible for the contravention. (2) Before imposing a financial penalty on a person under subsection (1), IPOS must give the person an opportunity to make representations in accordance with the prescribed procedure. (3) A financial penalty imposed under subsection (1) is recoverable as a fine. (4) Financial penalties collected under subsection (1) must be paid into the Consolidated Fund.
Regulatory directions to CMOs and their officers
464.—(1) Subject to subsection (3), IPOS may, by written notice, give directions to a CMO or any officer of a CMO for any of the following purposes:(a) to obtain information about the CMO and its business as a CMO, for the purpose of regulating CMOs in general; (b) to secure the CMO’s compliance with its class licence conditions; (c) to ensure the good governance of the CMO; (d) to investigate or remedy any contravention by the CMO of its class licence conditions; (e) where the CMO is under a cessation order, to secure the orderly cessation of the CMO’s business as a CMO. (2) The power of IPOS under subsection (1) includes directing a CMO or any officer of a CMO to —(a) provide security for the CMO’s compliance with its class licence conditions; (b) conduct an audit of the CMO’s business at the expense of the CMO or officer; (c) if there is reason to believe, based on credible information, that the CMO has contravened one or more of its class licence conditions —(i) submit to an audit of the CMO’s business conducted by or at the direction of IPOS; (ii) pay the cost incurred by IPOS for the audit; and (iii) pay any other cost incurred by IPOS in relation to the audit, but only if the findings of the audit lead to —(A) a financial penalty being imposed on the CMO or an officer of the CMO; (B) a regulatory direction to the CMO or an officer of the CMO to turn over the conduct of the CMO’s business to a person appointed by IPOS; or (C) a cessation order being made against the CMO; (d) secure the removal or appointment of a person as an officer of the CMO; (e) turn over the conduct of the CMO’s business to a person appointed by IPOS; (f) stop taking on the management of new works or performances; and (g) in the case of an officer of the CMO — resign from or otherwise cease to act in that capacity. (3) Regulations may require IPOS to give a person an opportunity to make representations in accordance with the prescribed procedure before giving a regulatory direction to the person. (4) IPOS may, by written notice, revoke a regulatory direction at any time. (5) It is an offence for a person to —(a) fail to comply with a regulatory direction; or (b) knowingly do anything that prevents or impedes compliance with a regulatory direction. (6) A person who commits an offence under subsection (5) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. (7) For the purposes of subsection (2)(c) —(a) IPOS may certify in writing the cost incurred by IPOS for or in relation to an audit; and (b) unless the contrary is proved, the certified cost is presumed to be the cost for or in relation to that audit and is recoverable as a debt due from the CMO or officer to IPOS. (8) A regulatory direction has effect despite —(a) any written law; and (b) in the case of a CMO that is not an individual — anything in the memorandum or articles of association, or other constitution, of the CMO.
Cessation order
465.—(1) IPOS may, by written notice, order a CMO to cease its business as a CMO indefinitely or for a specified period if —(a) the CMO fails to comply with —(i) a class licence condition; or (ii) a regulatory direction given to it; (b) an officer of the CMO fails to comply with a regulatory direction given to the officer; (c) there is significant impropriety in the financial affairs of the CMO; or (d) IPOS considers that the public interest so requires. (2) Before making a cessation order against a CMO, IPOS must give the CMO an opportunity to make representations in accordance with the prescribed procedure. (3) To avoid doubt, a cessation order may be made in addition to any financial penalty or sentence imposed on the CMO. (4) When a CMO is under a cessation order —(a) every class licence ceases to apply to it, unless the order otherwise specifies; but (b) to avoid doubt, it is still subject to regulatory directions. (5) IPOS may, by written notice, revoke a cessation order at any time.
Reconsideration of decisions
466.—(1) This section applies where IPOS —(a) imposes a financial penalty on a person; (b) makes a cessation order against a person; or (c) gives a regulatory direction to a person. (2) The person may apply to IPOS, within the prescribed time and in the prescribed manner, for IPOS to reconsider its decision. (3) In an application for reconsideration —(a) IPOS must, within the prescribed time, confirm, vary or set aside its decision; and (b) unless IPOS otherwise orders, a financial penalty must be paid, and a cessation order or regulatory direction complied with, pending reconsideration by IPOS. (4) This section does not require IPOS to reconsider a decision made after reconsideration.
Appeal
467.—(1) This section applies where IPOS, after reconsideration under section 466 —(a) confirms or varies a financial penalty imposed on a person; (b) confirms or varies a cessation order made against a person; or (c) confirms or varies a regulatory direction given to a person to turn over the conduct of the CMO’s business to a person appointed by IPOS. (2) The person may appeal to the Minister within the prescribed time and in the prescribed manner. (3) In an appeal —(a) the Minister may confirm, vary or set aside the decision appealed against; (b) for the purposes of deciding the appeal, the Minister may require the appellant or any other person (whether or not the person is a party to the appeal) to provide the Minister with any information that is relevant to the appeal, and to do so within the time and the manner specified by the Minister; and (c) unless the Minister otherwise orders, the person must pay the financial penalty or comply with the cessation order or regulatory direction (as the case may be) pending the appeal.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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