Commonwealth Numbered Acts

RESALE ROYALTY RIGHT FOR VISUAL ARTISTS ACT 2009 (NO. 125, 2009) - SECT 29

             (1)  If the collecting society believes on reasonable grounds that a person is:

                     (a)  a seller under a commercial resale of an artwork; or

                     (b)  a buyer under a commercial resale of an artwork; or

                     (c)  an agent of a seller or buyer under a commercial resale of an artwork; or

                     (d)  an art market professional otherwise involved in a commercial resale of an artwork;

the collecting society may, in writing, request the person to give the collecting society information in relation to the commercial resale relevant to determining:

                     (e)  the amount of any resale royalty payable on the commercial resale under this Act; and

                      (f)  who is liable to make the payment.

             (2)  If:

                     (a)  a request is made to a person in accordance with subsection (1); and

                     (b)  the commercial resale in relation to which the request was made occurred within 6 years before the request was made;

the person must comply with the request within 90 days after it is given.

Civil penalty:           

                     (a)  for an individual--100 penalty units;

                     (b)  for a body corporate--500 penalty units.