28Notice of commercial resale

#### 28 Notice of commercial resale (1) A person must give the collecting society notice complying with subsection (2) of the commercial resale of an artwork if: (a) the person is a seller under the commercial resale; and (b) the person is: (i) an Australian citizen; or (ii) a permanent resident of Australia; or (iii) a corporation incorporated under the Corporations Act 2001; or (iv) a person (including a body corporate) who carries on an enterprise in Australia; or (v) a trustee of a trust of which one of the persons mentioned in subparagraphs (i) to (iv) (inclusive) is a beneficiary. Civil penalty: (a) for an individual—200 penalty units; (b) for a body corporate—1,000 penalty units. (2) The notice must: (a) be in writing; and (b) be given to the collecting society within the period of 90 days beginning at the time of the commercial resale; and (c) include sufficient detail to allow the collecting society: (i) to work out whether resale royalty is payable on the commercial resale under this Act; and (ii) to work out the amount of resale royalty payable under this Act; and (iii) to identify who is liable to pay the resale royalty. (3) The seller may satisfy the requirement to give notice in accordance with this section through an agent. (4) If: (a) there is more than one seller under the commercial resale of an artwork; and (b) one of the sellers gives the collecting society notice in accordance with this section; then all of the sellers are taken to have given the collecting society notice in accordance with this section. (5) A person who wishes to rely on subsection (3) or (4) bears an evidential burden in relation to those matters.