Description of Conduct

On 6 February 2024, the Australasian Performing Right Association Limited (APRA) lodged an application for revocation of authorisation AA1000433 and substitution of a new authorisation AA1000661.

On 29 April 2024, APRA revised its description of the conduct. APRA is seeking authorisation to continue its arrangements for the acquisition and licensing of performing rights (which consist of the rights to perform in public and to communicate to the public) in music works. The arrangements cover:

  1. Input arrangements: APRA’s input arrangements arising from the standard form of assignment for APRA’s members (whereby APRA requires its members to assign to it the performing rights in all of the works owned or controlled by the member), subject to the resignation, opt-out and licence back provisions of APRA’s Constitution;
  2. Reciprocal Terms: APRA’s reciprocal arrangements with overseas collecting societies by which the collecting societies grant each other the exclusive right to license works they respectively control;
  3. Blanket licences: APRA’s output arrangements, in particular APRA granting blanket licences for users to perform in public or communicate to the public any of the works in its repertoire; and
  4. Distribution Arrangements: APRA’s distribution arrangements arising from APRA’s constitution – in particular, Article 93 and APRA’s “Distribution Rules”.

Authorisation is sought for 5 years.

On 19 June 2024, the ACCC granted interim authorisation to enable APRA to continue its arrangements for the acquisition and licensing of performing rights in musical works (being the conduct authorised by the 2020 ACCC Determination), while the ACCC considers the substantive application.

On 12 December 2025, the ACCC issued a draft determination proposing to grant authorisation for 5 years with conditions. A copy of the draft determination is available below.

The ACCC invites the views of interested parties on this draft determination. Submissions are requested by 16 February 2026. If you wish to make a submission in relation to this matter, please lodge it via this web form.

The ACCC expects to make a final determination in relation to the application for authorisation in mid-2026.

Applicant(s)

  • AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LTD

Authorisation number(s)

  • AA1000661-1

Applications

Reporting

Document title Date
ADR Report - 2024

Submissions - before draft decision

Document title Date
Applicants’ response to draft conditions
Jamison Young
Cinema Association Australasia
Heart Music Group
Nightlife Music
Applicant’s response to interested party submissions
Applicants' response to ACCC information request dated 13 June 2024
Shirli Kirschner (supplementary to Resolution Pathways submission dated 9 April)
Applicants' response to ACCC information request dated 8 May 2024
Dinesh Wicks
Shopping Centre Council of Australia
Tiny Tutus Pty Ltd
Nightlife Music
Resolution Pathways
Live Performance Australia
An Interested Party
An Interested Party
Clubs Australia
Creative Commons Australia
Commercial Radio and Audio
Independent Higher Education Australia
Small Business Development Corporation
Australian Digital Alliance and the Australian Libraries and Archives Copyright Coalition
Jeremy Koadlow
Martin Bryant
Heart Music Group – amended 26 March 2024
Mushroom Music Pty Ltd
Australian Childcare Alliance
Australian Hotels Association
Show all documents (26 more)

Submissions - after draft decision

Document title Date
Independent Cinemas Australia