Resale Royalty Right for Visual Artists Regulations 2021 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
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 ( 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.
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.
For more information about any editorial changes made in this compilation, see the endnotes.
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.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
This instrument is the
Resale Royalty Right for Visual Artists Regulations 2021 .
This instrument is made under the
Resale Royalty Right for Visual Artists Act 2009 .
In this instrument:
Act means theResale Royalty Right for Visual Artists Act 2009 .
For the purposes of paragraph 8(1)(c) of the Act, an excluded class of transfer is a transfer of ownership of an artwork:
(a) for monetary consideration of less than $1000; and
(b) to which subsection 8(2) of the Act does not apply.
For the purposes of paragraph 14(1)(c) of the Act, the following countries are prescribed as reciprocating countries:
(a) Austria;
(b) Belgium;
(c) Czech Republic;
(d) Denmark;
(da) Estonia;
(e) Finland;
(f) France;
(g) Germany;
(ga) Greece;
(h) Hungary;
(i) Ireland;
(j) Italy;
(k) Latvia;
(ka) Lithuania;
(kb) Mexico;
(l) Netherlands;
(la) New Zealand;
(m) Norway;
(ma) Poland;
(n) Portugal;
(na) Romania;
(nb) Slovakia;
(o) Spain;
(p) Sweden;
(q) United Kingdom;
(r) Uruguay.
For the purposes of section 28 of the Act, the Minister may, by legislative instrument, determine a format of notice of commercial resale.
(1) For the purposes of 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 (if known);
(ea) if the artist’s name is not known—that fact;
(f) the country of which the artist is a citizen or permanent resident (if known);
(fa) if the country of which the artist is a citizen or permanent resident is not known—that fact;
(g) whether the artist is alive (if known);
(ga) if whether the artist is alive is not known—that fact;
(h) if the artist has died—the year of the artist’s death (if known);
(ha) if the artist has died and the year of the artist’s death is not known—that fact.
Note: The commencement date of the resale royalty right arrangements referred to in paragraph (c) is 9 June 2010.
(2) Despite subsection (1), other information included in a notice of commercial resale may be taken to be sufficient detail for the purposes of paragraph 28(2)(c) of the Act.
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
The abbreviation key sets out abbreviations that may be used in the endnotes.
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.
The
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.
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
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 = | Sch = Schedule(s) |
LIA = | 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 | |
No. = Number(s) | commenced or to be commenced |
Resale Royalty Right for Visual Artists Regulations 2021 | 29 Oct 2021 (F2021L01478) | 30 Oct 2021 (s 2(1) item 1) | |
Resale Royalty Right for Visual Artists Amendment (Reciprocating Countries) Regulations 2024 | 1 Mar 2024 (F2024L00265) | 31 Mar 2024 (s 2(1) item 1) | — |
Resale Royalty Right for Visual Artists Amendment (Reciprocating Countries) Regulations 2025 | 18 Feb 2025 (F2025L00119) | 31 Mar 2025 (s 2(1) item 1) | — |
s 2............................................. | rep LA s 48D |
s 5............................................. | rep LA s 48C |
s 6A........................................... | ad F2024L00265 |
am F2025L00119 | |
s 8............................................. | am F2025L00119 |
Schedule 1.................................. | rep LA s 48C |
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