Resale Royalty Right for Visual Artists Regulations 2011 (Cth)

Resale Royalty Right for Visual Artists Regulations 2011¹

Select Legislative Instrument 2011 No. 267

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Resale Royalty Right for Visual Artists Act 2009.

Dated 7 December 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

SIMON CREAN

Minister for the Arts

Contents

1Name of Regulations                                            2

2Commencement                                                 2

3Definition                                                          2

4Excluded class of transfer                                      2

5Format of notice of commercial resale                        2

6Notice of commercial resale                                    3

1. Name of Regulations

These Regulations are the Resale Royalty Right for Visual Artists Regulations 2011.

1. Commencement

These Regulations commence on the day after they are registered.

1. Definition

Act means the Resale Royalty Right for Visual Artists Act 2009.

1. Excluded class of transfer

For paragraph 8 (1) (c) of the Act, the table sets out excluded classes of transfer of ownership of an artwork from one person to another.

Item

Excluded class

1

A transfer:

   (a)  for monetary consideration of less than $1 000; and

  (b)  to which subsection 8 (2) of the Act does not apply

1. Format of notice of commercial resale

For section 28 of the Act, the Minister may, by legislative instrument, determine a format of notice of commercial resale.

1. Notice of commercial resale

(1)For paragraph 28 (2) (c) of the Act, the following information is taken to be sufficient detail in a notice of commercial resale:

(a)the date of resale;

(b)the GST inclusive sale price;

(c)whether the seller acquired the artwork on or after the commencement date of the resale royalty right arrangements to which the Act relates;

(d)the medium of the artwork or a description of the artwork;

(e)the artist’s name;

(f)the country of which the artist is a citizen or permanent resident;

(g)whether the artist is alive;

(h)if the artist has died — the year of the artist’s death.

Note for paragraph (c)   The commencement date of the resale royalty right arrangements is 9 June 2010.

(2)Subregulation (1) does not prevent other combinations of information from being sufficient detail in a notice of commercial resale.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See