[Rev. 2014] (a) (b) (c) (d) Copyright CAP. 130 is not functioning adequately as a collecting society; is not acting in accordance with its Memorandum and Articles of Association or in the best interests of its members; has altered its rules so that it no longer complies with subsection 4 of this section; and it has refused or failed to comply with any of the provisions of this Act. 46A. Approval for imposition and collection of levy Notwithstanding any other provision of this Act, no collecting society shall — (a) impose or collect royalty based on a tariff that has not been approved and published in the Gazette by the Cabinet Secretary in charge of copyright issues in the Gazette from time to time; or (b) levy royalty on users exempted by the Cabinet Secretary by notice in the Gazette. [Act No. 18 of 2014.] 47. Annual reports and accounts (1) A collecting society shall, as soon as reasonably practicable after the end of each financial year, submit to the Board— (a) a report of its operations during that year; (b) a copy of its audited accounts in respect of that year. (2) This section shall apply without prejudice to the obligations of a collecting society under the provisions of the Companies Act (Cap. 486). 48. Appointment of competent authority and duties of authority (1) There shall be a competent authority appointed by the Minister for the purpose of exercising jurisdiction under this Act where any matter requires to be determined by such authority. (2) Subject to subsection (3), in any case where it appears to the competent authority that— (a) the Board is unreasonably refusing to grant a certificate of registration in respect of a collecting society; or (b) the board is imposing unreasonable terms or conditions on the granting of such a certificate; or (c) a collecting society is unreasonably refusing to grant a licence in respect of a copyright work; or (d) a collecting society is imposing unreasonable terms or conditions on the granting of such a licence; or (e) the competent authority may direct that as respects the doing of any act relating to work with which the collecting society is concerned or with respect to the granting of a certificate to operate as a collecting society, a licence or a certificate shall be deemed to have been granted by the collecting society or the Board at the time the act is done or the application is made, provided the appropriate fees are paid or tendered before the expiration of such period or periods as the competent authority may determine. C40 - 31 [Issue 3]