5900

2008-2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

Resale Royalty Right for Visual Artists Bill 2008

 

 

(Amendments to be moved by Senator Milne on behalf of the Australian Greens in committee of the whole)

(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]