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Resale Royalty Right for Visual Artists Bill 2009

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Resale Royalty Right for Visual Artists Act 2009 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.  Sections 3 to 5

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

 

3.  Part 2

At the same time as the provisions covered by table item 2.

 

4.  Part 3

The day on which this Act receives the Royal Assent.

 

5.  Parts 4 and 5

At the same time as the provisions covered by table item 2.

 

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3   Definitions

                   In this Act:

art market professional has the meaning given by subsection 8(3).

artwork has the meaning given by section 7.

buyer , in relation to the commercial resale of an artwork, means a person to whom, either alone or together with one or more other persons, ownership of the artwork is transferred under the commercial resale.

civil penalty provision has the meaning given by section 40.

collecting society means the society for the time being appointed as the collecting society under section 35.

commercial resale has the meaning given by section 8.

community body means a body (whether incorporated or unincorporated) established by a community for the purposes of supporting or promoting the welfare or cultural values of the community.

evidential burden , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

Federal Court means the Federal Court of Australia.

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 .

identified , in relation to an artist of an artwork, has the meaning given by section 13.

permanent resident means a person:

                     (a)  who is not an Australian citizen; and

                     (b)  whose normal place of residence is situated in Australia; and

                     (c)  whose presence in Australia is not subject to any limitation as to time imposed by law; and

                     (d)  who is not an unlawful non-citizen.

personal information has the same meaning as in the Privacy Act 1988 .

resale royalty right has the meaning given by section 6.

residency test has the meaning given by section 14.

rules , in relation to the collecting society, means the provisions of the memorandum and articles of association of the society.

seller , in relation to the commercial resale of an artwork, means a person who, either alone or together with one or more other persons, transfers ownership of the artwork under the commercial resale.

succession test has the meaning given by section 15.

time of a commercial resale is the earlier of:

                     (a)  the start of the day on which ownership of the artwork is transferred under the commercial resale; and

                     (b)  the start of the day on which consideration for the commercial resale is fully paid.

unlawful non-citizen has the same meaning as in the Migration Act 1958 .

works of visual art has a meaning affected by subsection 7(2).

4   Act binds the Crown

             (1)  This Act binds the Crown in each of its capacities.

             (2)  This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.

             (3)  The protection in subsection (2) does not apply to an authority of the Crown.

5   External Territories

                   This Act extends to all the external Territories.