Chapter 2 - Annual reports of non-statutory authorities
Reports referred to the Committee
2.1 The following reports of non-statutory bodies for the financial year 2003-2004 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 The annual report advises that Screenrights' membership continued to grow during the 2003-2004 year, rising to 1,979 members from 47 countries. This is an 11% increase over the previous year.[30]
2.3 Total collections from the three licensing services are reported as being $19.6 million, which is an $800,000 increase over the 2002-2003 financial year. The Society distributed in excess of 79% of the 2003 revenue pool within 12 months and almost 98% of funds now find their way to members inside the statutory distribution period.[31]
2.4 Screenrights supports an online collection of resources for educators, which it sees as a key element in delivering greater value for money to licensees. Its website attracts more than 3,500 visits a week and allows educators quick and easy access to broadcast materials for the classroom.[32]
2.5 The committee notes that, at the time of reporting, Screenrights had an application before the Copyright Tribunal for the determination of a royalty rate to be paid by pay television operators for the rebroadcast of free to air transmissions. This application had contributed to an increase in Screenrights' total annual expenses. They increased to $3.88 million or 19.7% of total collection revenue for the financial year. This compares to costs of $3.41 million or 17.4% of total collection for the previous financial year. The committee notes that the royalty, once determined, will provide a new revenue stream for Screenrights' members.[33]
2.6 The report advises that the past year has seen Screenrights continue to participate in discussions with the government and interest groups over proposed copyright policies which may have an impact on the Societies' members. This has included further work on introduction of a levy on blank recording media in order to compensate members for the private copying of their work. Screenrights considers that a "blank tape" levy would ensure that copyright owners are compensated for use of their work.[34]
2.7 The Committee finds the annual report of the Audio-Visual Copyright Society Limited (Screenrights) to be "apparently satisfactory."
Copyright Agency Limited (CAL)
2.8 The CAL annual report advises that membership continues to grow and now comprises some 7,970 members. This represents an increase of 15% over the preceding financial year.
2.9 There are two broad categories of CAL's membership - authors (such as writers, journalists, poets, visual artists photographers and surveyors) and publishers (ie, such as book, journal, newspaper and magazine publishers).[35] Statistics provided in the report indicate that the number of author members has been growing at a faster rate than that of publisher members. The report advises that this is due to the increasing use of content in digital form, signifying a growing awareness among rights holders of the value of those rights.[36]
2.10 A grant of $500,000 from the Commonwealth Department of Industry, Tourism and Resources was used to fund CAL's Coursepacks pilot project. The grant was made available through the Infrastructure and Industry Growth Fund component of the Book Production – Enhanced Printing Industry Competitiveness Scheme. The Scheme encourages the use of innovative technologies and improved business practices and training and skills development. The Coursepacks consist of materials sourced from a range of authors and publishers and specifically produced for use by university students. [37]
2.11 The report advises that the Coursepack pilot project demonstrated the ability of new technologies to improve management of copyright and facilitate quicker and more accurate distributions to members.[38]
2.12 Revenue from licensing over the reporting period was approximately $67 million, while net income was $61.3 million. These figures represent increases of 20% and 21% respectively over those from the previous year. CAL distributed $42.8 million in returns to over 5,300 members and maintained the Agency's steady growth in returns since its first major return of $1.1 million in 1989.[39]
2.13 The committee notes that, as a result of a 2002 Copyright Tribunal decision, revenue from copying in schools has increased significantly as a licensing revenue source compared to previous years. The Tribunal's decision increased the page rate for all categories of work. It also saw an increase in rates for specific categories of works, including poetry, short stories and artistic works.[40]
2.14 The Committee finds the annual report of the Copyright Agency Limited to be "apparently satisfactory."
Migration Agents Registration Authority (MARA)
2.15 The MARA held its first Migration Advice Profession Knowledge Entrance Examination in November 2003. The examination is part of an effort to improve the entry level standards for those people seeking registration as a migration agent, but who do not hold a prescribed qualification. The examination is administered by the Australian Council for Educational Research Limited, which is an independent national educational research and development agency.[41]
2.16 In 2003-04, the MARA commenced an advertising campaign designed to raise community awareness of the MARA and its complaint management process in particular. The report states that there was a 38% rise in complaints to 682 in 2003-04 compared to 495 complaints in 2002-03. The MARA advises that, although the number of complaints rose, the total number of agents against whom complaints were made remained steady at 310 and in excess of 89% of agents continued to operate without attracting any complaints.[42]
2.17 During the reporting period, the MARA, with the assistance of an external expert, conducted a review of its Continuing Professional Development (CPD) scheme. Following the review, it was decided that CPD points awarded to agents would be allocated against statements of outcomes that reflect the progress of agents through their professional careers. All registered migration agents must now complete a minimum of 10 CPD points annually to qualify for repeat registration. At least six of those points must be earned by completion of approved core activities that specifically relate to the Migration Act 1958 (Cth) and its various regulations.[43]
2.18 The Committee notes that the MARA has expressed concern over the introduction of a number of amendments to the Migration Act 1958 (Cth). The report advises that the MARA:
...is concerned by the new legislative amendments, which in effect provide an opportunity for ministerial direction to the MARA to take action against agents identified by DIMIA or the Minister, as submitting too many unfounded visa applications (vexatious applications). [44]
2.19 The report advises that the MARA occasionally sees itself as being caught between the requirement for it to implement legislative change, whilst also attempting to support an agent base which may not fully agree with such legislative change.[45]
2.20 The Committee finds the annual report of the Migration Agents Registration Authority to be "apparently satisfactory."