Commonwealth legislation

Resale Royalty Right for Visual Artists Act 2009 - Determination of provisions to be contained in collecting society rules

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This Determination requires the collecting society that manages artists’ resale royalties to embed mandatory rules in its constitution or operating rules. It affects visual artists entitled to resale royalties and the society that administers those payments.

The rules must govern how royalties are collected, held (including trust arrangements and interest), distributed to artists, and overseen (transparency and a clear complaints process), ensuring artists get fair payment and the society is accountable.

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Resale Royalty Right for Visual Artists Act 2009 - Determination of provisions to be contained in collecting society rules

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COMMONWEALTH OF AUSTRALIA

Resale Royalty Right for Visual Artists Act 2009

Determination of provisions to be contained in collecting society rules

I, PETER GARRETT, Minister for Environment Protection, Heritage and the Arts, under paragraph 35(4)(d) of the Resale Royalty Right for Visual Artists Act 2009 (the Act), determine that the rules of the collecting society must contain provisions providing for:

(a) the collection of amounts of resale royalty;

(b) the distribution of resale royalty amounts collected by the society and any interest earned on those amounts, to holders of resale royalty rights;

(c) the holding on trust by the collecting society of resale royalty amounts due to holders of resale royalty rights who are not members of the collecting society or who are otherwise yet to be identified and/or located;

(d) access to the collecting society’s records by holders of resale royalty rights and their agents; and

(e) a complaint notification and handling procedure for dealing with member complaints.

Dated 16 March 2010

Peter Garrett AM

Minister for Environment Protection, Heritage and the Arts

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Resale Royalty Right for Visual Artists Act 2009 - Determination of provisions to be contained in collecting society rules