Document ID: chunk:federal_register_of_legislation:C2024C00506:section:26
Version: federal_register_of_legislation:C2024C00506
Segment Type: section
Provision Reference: s 26
Character Range: 25299–26366

26  If resale royalty is paid to the collecting society
 (1) If resale royalty on the commercial resale of an artwork is paid to the collecting society, the collecting society must:
 (a) pay to each entity that has given the collecting society notice under subsection 27(1) and established a claim to a share of the resale royalty on the commercial resale, that entity's share of the resale royalty less the collecting society's administration fee; and
 (b) use its best endeavours to locate each holder of the resale royalty right on the commercial resale of the artwork who has not given the collecting society notice under subsection 27(1), and pay that holder the holder's share of the resale royalty, less the collecting society's administration fee.
 (2) The collecting society's administration fee must not be such as to amount to a tax.
 (3) The Minister may, by notice in writing given to the collecting society, limit the administration fee to be imposed by the collecting society.
 (4) A notice given under subsection (3) is not a legislative instrument.