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Resale Royalty Right for Visual Artists Act 2009

No. 125, 2009

Compilation No. 3

Compilation date: 14 October 2024

                Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Resale Royalty Right for Visual Artists Act 2009 that shows the text of the law as amended and in force on 14 October 2024 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part 1—Preliminary
1 Short title
2 Commencement
3 Definitions
4 Act binds the Crown
5 External Territories
Part 2—Resale royalty right
Division 1—When does resale royalty right arise?
6 Resale royalty right
7 What is an artwork?
8 What is commercial resale of an artwork?
9 No resale royalty right on certain works
10 No resale royalty right unless consideration above threshold
11 Resale royalty right on artworks in existence when Act commences
Division 2—Who holds resale royalty right?
12 Who holds resale royalty right?
13 Meaning of identified
14 Residency test
15 Succession test
16 Share of resale royalty right where there is more than one artist
17 Presumptions in relation to artist
Division 3—Rate of resale royalty
18 Rate of resale royalty
Division 4—Liability to pay resale royalty
19 Resale royalty a debt due to holders of resale royalty right
20 Liability to pay resale royalty
21 When does the liability to pay resale royalty arise?
Division 5—Collecting