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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

 1 Name of Regulations 

 2 Commencement 

 3 Definition 

 4 Excluded class of transfer 

 5 Format of notice of commercial resale 

 6 Notice of commercial resale 

 

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.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.