The ACCC has granted interim authorisation to the Australasian Performing Right Association Ltd (APRA) to enable APRA to continue its arrangements for the acquisition and licensing of performing rights in musical works, while the ACCC is considering APRA’s application for re-authorisation. Interim authorisation suspends the operation of APRA’s current authorisations which are due to expire on 28 June 2019.
Interim authorisation commences immediately and remains in place unless it is revoked by the ACCC or the when the ACCC completes its assessment of the application for authorisation.
Interim authorisation effectively provides a legal exemption; because APRA acts on behalf of songwriters who may be considered to be each other’s competitors, unless an authorisation is in place its arrangements may risk breaching competition laws.
On 5 June 2019, the ACCC released a draft determination proposing to re-authorise APRA’s arrangements, subject to conditions, for a further five years.
More information about the ACCC’s interim decision and its draft determination is available on the public registers at: Australasian Performing Right Association Limited.