RESALE ROYALTY RIGHT FOR VISUAL ARTISTS ACT 2009 (NO. 125, 2009)
Table of Provisions
PART 1--PRELIMINARY
PART 2--RESALE ROYALTY RIGHT
Division 1--When does resale royalty right arise
- 6 Resale royalty right
- 7 What is an artwork?
- 8 What is commercial resale of an artwork?
- 9 No resale royalty right on certain works
- 10 No resale royalty right unless consideration above threshold
- 11 Resale royalty right on artworks in existence when Act commences
Division 2--Who holds resale royalty right
- 12 Who holds resale royalty right?
- 13 Meaning of identified
- 14 Residency test
- 15 Succession test
- 16 Share of resale royalty right where there is more than one artist
- 17 Presumptions in relation to artist
Division 3--Rate of resale royalty
- 18 Rate of resale royalty
Division 4--Liability to pay resale royalty
- 19 Resale royalty a debt due to holders of resale royalty right
- 20 Liability to pay resale royalty
- 21 When does the liability to pay resale royalty arise?
Division 5--Collecting resale royalty
- 22 Collecting society to publish notice of the commercial resale of an artwork on its website
- 23 Collection of resale royalty by the collecting society
- 24 Presumptions to be made in enforcement proceedings brought by the collecting society
- 25 Resale royalty right under this Act only enforceable in Australian jurisdiction
- 26 If resale royalty is paid to the collecting society
- 27 Notice of resale royalty right
- 28 Notice of commercial resale
- 29 Requesting information about the commercial resale of an artwork
- 30 Recovery of amount wrongly paid by the collecting society
- 31 Return of unclaimed resale royalty
Division 6--Other characteristics of resale royalty right
- 32 Duration of resale royalty right
- 33 Resale royalty right absolutely inalienable
- 34 Waiver etc.
PART 3--THE COLLECTING SOCIETY
- 35 Appointment of the collecting society
- 36 Revocation of appointment
- 37 Annual report and accounts
- 38 Amendment of rules
PART 4--CIVIL PENALTIES
Division 1--Obtaining an order for a civil penalty
- 39 Court may order person to pay pecuniary penalty for contravening civil penalty provision
- 40 What is a civil penalty provision?
- 41 Contravening a civil penalty provision is not an offence
- 42 Persons involved in contravening civil penalty provision
- 43 Recovery of a pecuniary penalty
Division 2--Civil penalty proceedings and criminal proceedings
- 44 Civil proceedings after criminal proceedings
- 45 Criminal proceedings during civil proceedings
- 46 Criminal proceedings after civil proceedings
- 47 Evidence given in proceedings for penalty not admissible in criminal proceedings