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
Contents
1 Name of Regulations 2
2 Commencement 2
3 Definition 2
4 Excluded class of transfer 2
5 Format of notice of commercial resale 2
6 Notice of commercial resale 3
1 Name of Regulations
These Regulations are the Resale Royalty Right for Visual Artists Regulations 2011.
2 Commencement
These Regulations commence on the day after they are registered.
3 Definition
Act means the Resale Royalty Right for Visual Artists Act 2009.
4 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 |
5 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.
6 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.