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Resale Royalty Right for Visual Artists Bill 2009

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2008-2009

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

RESALE ROYALTY RIGHT FOR VISUAL ARTISTS BILL 2008

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

Amendments to be Moved on Behalf of the Government

 

 

 

 

 

 

 

(Circulated by authority of the Minister for the Environment, Heritage and the Arts,

 the Hon. Peter Garrett AM MP)



RESALE ROYALTY RIGHT FOR VISUAL ARTISTS BILL 2008

 

 

 

OUTLINE

 

The Resale Royalty Right for Visual Artists Bill 2008 (‘the Bill’) establishes a resale royalty right for visual artists and the accompanying statutory scheme.

 

The Government amendments to the Bill:

 

·          (1) - amend the commencement date for specified clauses from 1 July 2009 to a date to be fixed by Proclamation;

·          (2) and (3) - are consequential amendments as a result of the amendment to clause 7; and

·          (4) - clarify what is an artwork and includes additional examples of different types of works which are works of visual art.

 

 

FINANCIAL IMPACT STATEMENT

 

The additional financial impact of these amendments is expected to be nil.



NOTES ON ITEMS

 

EXPLANATION OF AMENDMENT 1

 

1.       This amendment omits clause 2 and substitutes a new clause which changes the commencement of certain clauses of the Bill.

 

2.       As previously drafted, Items 2, 3 and 5 of the table provided that clauses 3 to 5, Parts 2 (Resale Royalty Right), 4 (Civil Penalties) and 5 (Miscellaneous) commence on 1 July 2009.

 

3.       The proposed amendment alters the commencement of the above-mentioned clauses to a day to be fixed by Proclamation. If any of the provisions are not proclaimed, they will commence 6 months from the date the Bill receives Royal Assent.

 

4.       The proposed amendment will allow the Government to complete the appointment of the collecting society prior to the resale royalty right arising.

 

EXPLANATION OF AMENDMENT 2

 

5.       This amendment inserts a definition of works of visual art into clause 3. The proposed amendment replaces the term works of graphic or plastic art in the Bill and is a consequence of the amendment to clause 7 (amendment 4 below).

 

EXPLANATION OF AMENDMENT 3

 

6.       This amendment omits the definition of works of graphic or plastic art which will be replaced by the definition of works of visual art (amendment 2) and is a consequence of the amendment to clause 7 (amendment 4 below).

 

EXPLANATION OF AMENDMENT 4

 

7.       This amendment omits clause 7 and replaces it with a new clause to clarify the definition of an artwork.

 

8.       As previously drafted, subclause 7(1) referred to a work of graphic or plastic art. This amendment replaces that term with references to a work of visual art.

 

9.       This amendment will change subclause 7(2) in the Bill to list examples of types of artworks which are works of visual art. The list includes works which were previously specified in the Explanatory Memorandum of the Bill.

 

10.   The list in subclause 7(2) is not intended to be conclusive and this is clarified by the proposed inclusion of the words ‘include, but are not limited to’ in the subclause.

 

11.   Paragraph 7(2)(v) of the proposed amendment includes a power to prescribe by regulation other things to be included in the definition of a work of visual art.