Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 125, 2009
Compilation No. 3
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Resale Royalty Right for Visual Artists Act 2009 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
4 Act binds the Crown
5 External Territories
Part 2--Resale royalty right
Division 1--When does resale royalty right arise?
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
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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Resale Royalty Right for Visual Artists Act 2009 | 125, 2009 | 9 Dec 2009 | s 3-34 and 39-53: 9 June 2010 (s 2(1) items 2, 3, 5) |
|
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 14 Mar 2013 | Sch 1 (items 498, 499) and Sch 2 (item 1): 12 Apr 2013 (s 2(1) items 2, 3) | -- |
13, 2021 | 1 Mar 2021 | Sch 2 (items 724-728): 1 Sept 2021 (s 2(1) item 5) | -- | |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 14 (item 19): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 13, 2013; No 13, 2021 |
Part 4 |
|
Division 1 |
|
s 39.................... | am No 13, 2013; No 13, 2021 |
s 43.................... | am No 13, 2013; No 13, 2021 |
Division 2 |
|
s 44.................... | am No 13, 2013; No 13, 2021 |
Part 5 |
|
s 49.................... | am No 38, 2024 |
s 51.................... | am No 13, 2013; No 13, 2021 |