{"id":"F2021L01478","name":"Resale Royalty Right for Visual Artists Regulations 2021","slug":"resale-royalty-right-for-visual-artists-regulations-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102143,"registerId":"commonwealth-F2021L01478-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Resale Royalty Right for Visual Artists Regulations 2021.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Resale Royalty Right for Visual Artists Act 2009.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Resale Royalty Right for Visual Artists Act 2009.","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Excluded class of transfer","content":"#### 6 Excluded class of transfer\n\n  For the purposes of paragraph 8(1)(c) of the Act, an excluded class of transfer is a transfer of ownership of an artwork:\n    (a) for monetary consideration of less than $1000; and\n    (b) to which subsection 8(2) of the Act does not apply.","sortOrder":3},{"sectionNumber":"6A","sectionType":"section","heading":"Residency test—individuals","content":"#### 6A Residency test—individuals\n\n  For the purposes of paragraph 14(1)(c) of the Act, the following countries are prescribed as reciprocating countries:\n    (a) Austria;\n    (b) Belgium;\n    (c) Czech Republic;\n    (d) Denmark;\n    (da) Estonia;\n    (e) Finland;\n    (f) France;\n    (g) Germany;\n    (ga) Greece;\n    (h) Hungary;\n    (i) Ireland;\n    (j) Italy;\n    (k) Latvia;\n    (ka) Lithuania;\n    (kb) Mexico;\n    (l) Netherlands;\n    (la) New Zealand;\n    (m) Norway;\n    (ma) Poland;\n    (n) Portugal;\n    (na) Romania;\n    (nb) Slovakia;\n    (o) Spain;\n    (p) Sweden;\n    (q) United Kingdom;\n    (r) Uruguay.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Format of notice of commercial resale","content":"#### 7 Format of notice of commercial resale\n\n  For the purposes of section 28 of the Act, the Minister may, by legislative instrument, determine a format of notice of commercial resale.","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Notice of commercial resale","content":"#### 8 Notice of commercial resale\n\n  (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:\n    (a) the date of resale;\n    (b) the GST inclusive sale price;\n    (c) whether the seller acquired the artwork on or after the commencement date of the resale royalty right arrangements to which the Act relates;\n    (d) the medium of the artwork or a description of the artwork;\n    (e) the artist’s name (if known);\n    (ea) if the artist’s name is not known—that fact;\n    (f) the country of which the artist is a citizen or permanent resident (if known);\n    (fa) if the country of which the artist is a citizen or permanent resident is not known—that fact;\n    (g) whether the artist is alive (if known);\n    (ga) if whether the artist is alive is not known—that fact;\n    (h) if the artist has died—the year of the artist’s death (if known);\n    (ha) if the artist has died and the year of the artist’s death is not known—that fact.\n\n> Note: The commencement date of the resale royalty right arrangements referred to in paragraph (c) is 9 June 2010.\n\n  (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.","sortOrder":6}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations clarify and operationalise aspects of the Act—defining a low-value exclusion, prescribing reciprocating countries for residency, and specifying notice content and format—rather than expanding or contracting the Act’s substantive scope (see ss6, 6A, 7, 8)."},"complexity_factors":["Directly implements administrative details rather than creating novel rights or penalties","Numeric monetary threshold for an exclusion (transfer < $1,000) (s6)","Enumerated list of reciprocating countries affecting residency tests (s6A)","Detailed list of required notice fields (sale date, GST-inclusive price, artist identity/status, citizenship/residency, life/death details) (s8)","Ministerial discretion to set notice format by legislative instrument (s7) introduces a single point of regulatory change","Cross-references and reliance on provisions of the parent Act for operative effect (multiple sections)"],"plain_english_summary":"These regulations set practical rules under the Resale Royalty Right for Visual Artists Act: they exempt transfers under $1,000 from the resale royalty regime (s6), prescribe which foreign countries count as ‘reciprocating’ for residency tests (s6A), allow the Minister to determine a notice format (s7), and list the specific data a seller must provide when a work is commercially resold (s8). Sellers must supply the prescribed information; the Minister decides the notice format; artists’ eligibility and the administrative burden on sellers follow from those rules (ss6, 6A, 7, 8)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operational details for the resale royalty scheme. They set thresholds, list reciprocating countries, and specify reporting requirements — exactly what subordinate legislation under the 2009 Act should do."},"complexity_factors":["Very short instrument — only 8 sections","Minimal defined terms — only 1 definition ('Act')","No cross-references between sections of the regulations themselves","Simple conditional logic — only basic 'if/then' structures in section 8","Straightforward lists — section 6A is simply a country list, section 8 is a checklist of information requirements","Operates as 'machinery' provisions — purely administrative details that give effect to the parent Act"],"plain_english_summary":"These regulations set out how Australia’s resale royalty scheme operates, ensuring visual artists or their estates receive a payment when their work is commercially resold. They establish a small‑sale exemption (under $1,000), reciprocal treatment for artists from 24 listed countries, and the seller’s reporting duties about the sale and the artist.\n\nThey affect artists, dealers, galleries, auction houses and buyers/sellers by making the 2009 Resale Royalty Act practical and enforceable through clear thresholds, eligibility rules and information requirements."}},"importantCases":[],"_links":{"self":"/api/acts/resale-royalty-right-for-visual-artists-regulations-2021","history":"/api/acts/resale-royalty-right-for-visual-artists-regulations-2021/history","analysis":"/api/acts/resale-royalty-right-for-visual-artists-regulations-2021/analysis","conflicts":"/api/acts/resale-royalty-right-for-visual-artists-regulations-2021/conflicts","importantCases":"/api/acts/resale-royalty-right-for-visual-artists-regulations-2021/important-cases","documents":"/api/acts/resale-royalty-right-for-visual-artists-regulations-2021/documents"}}