In proceedings for the enforcement of the resale royalty right on the commercial resale of an artwork by the collecting society:
(a) it is to be presumed conclusively that there is at least one holder of the resale royalty right under this Act; and
(b) it is to be presumed that the collecting society is acting on behalf of the holder or holders of the resale royalty right, unless it is proved that a notice was given to the collecting society in accordance with subsection 23(1) in relation to the commercial resale.