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RESALE ROYALTY RIGHT FOR VISUAL ARTISTS ACT 2009
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Short title
2. Commencement
3. Definitions
4. Act binds the Crown
5. External Territories
PART 2--RESALE--ROYALTY RIGHT
Division 1--When does resale royalty right arise?
6. Resale royalty right
7. What is an artwork ?
8. What is commercial resale of an artwork?
9. No resale royalty right on certain works
10. No resale royalty right unless consideration above threshold
11. Resale royalty right on artworks in existence when Act commences
Division 2--Who holds resale royalty right?
12. Who holds resale royalty right?
13. Meaning of identified
14. Residency test
15. Succession test
16. Share of resale royalty right where there is more than one artist
17. Presumptions in relation to artist
Division 3--Rate of resale royalty
18. Rate of resale royalty
Division 4--Liability to pay resale royalty
19. Resale royalty a debt due to holders of resale royalty right
20. Liability to pay resale royalty
21. When does the liability to pay resale royalty arise?
Division 5--Collecting resale royalty
22. Collecting society to publish notice of the commercial resale of an artwork on its website
23. Collection of resale royalty by the collecting society
24. Presumptions to be made in enforcement proceedings brought by the collecting society
25. Resale royalty right under this Act only enforceable in Australian jurisdiction
26. If resale royalty is paid to the collecting society
27. Notice of resale royalty right
28. Notice of commercial resale
29. Requesting information about the commercial resale of an artwork
30. Recovery of amount wrongly paid by the collecting society
31. Return of unclaimed resale royalty
Division 6--Other characteristics of resale royalty right
32. Duration of resale royalty right
33. Resale royalty right absolutely inalienable
34. Waiver etc.
PART 3--THE--COLLECTING SOCIETY
35. Appointment of the collecting society
36. Revocation of appointment
37. Annual report and accounts
38. Amendment of rules
PART 4--CIVIL--PENALTIES
Division 1--Obtaining an order for a civil penalty
39. Court may order person to pay pecuniary penalty for contravening civil penalty provision
40. What is a civil penalty provision ?
41. Contravening a civil penalty provision is not an offence
42. Persons involved in contravening civil penalty provision
43. Recovery of a pecuniary penalty
Division 2--Civil penalty proceedings and criminal proceedings
44. Civil proceedings after criminal proceedings
45. Criminal proceedings during civil proceedings
46. Criminal proceedings after civil proceedings
47. Evidence given in proceedings for penalty not admissible in criminal proceedings
PART 5--MISCELLANEOUS
48. Offence--unauthorised dealing with information
49. Review by Administrative Review Tribunal
50. Jurisdiction of Federal Court
51. Jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)
52. Additional effect of Act
53. Regulations
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