Resale Royalty Right for Visual Artists Regulations 2021

Resale Royalty Right for Visual Artists Regulations 2021

made under the

Resale Royalty Right for Visual Artists Act 2009

Compilation No. 2

Compilation date: 31 March 2025

Includes amendments: F2025L00119

About this compilation

This compilation

This is a compilation of the Resale Royalty Right for Visual Artists Regulations 2021 that shows the text of the law as amended and in force on 31 March 2025 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1 Name

3 Authority

4 Definitions

6 Excluded class of transfer

6A Residency test—individuals

7 Format of notice of commercial resale

8 Notice of commercial resale

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

  This instrument is the Resale Royalty Right for Visual Artists Regulations 2021.

3  Authority

  This instrument is made under the Resale Royalty Right for Visual Artists Act 2009.

4  Definitions

  In this instrument:

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

6  Excluded class of transfer

  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.

6A  Residency test—individuals

  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.

7  Format of notice of commercial resale

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

8  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.

Endnotes

Endnote 1—About the endnotes

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.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history