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Resale Royalty Right for Visual Artists Bill 2009

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5900

2008-2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

Resale Royalty Right for Visual Artists Bill 2008

 

 

(1)           Clause 11, page 7 (lines 11 to 16), omit the clause, substitute:

11  Compensation for acquisition of property

             (1)  If the operation of this Act or the regulations would, but for this section, result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

             (3)  In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

[just terms compensation]

(2)           Clause 23, page 14 (lines 14 to 24), omit subclause (1).

[collecting society to collect resale royalty]

(3)           Clause 12, page 8 (after line 4), after subclause (3), insert:

Communal ownership

          (3A)  If the artwork was created by an Indigenous artist under the direction of an Indigenous cultural group, the resale royalty right on a commercial resale of the artwork:

                     (a)  is held by the group; and

                     (b)  may be asserted by a custodian nominated by the group as its representative for this purpose.

[communal ownership]