29Requesting information about the commercial resale of an artwork

29 Requesting information about the commercial resale of an artwork

(1) If the collecting society believes on reasonable grounds that a person is: (a) a seller under a commercial resale of an artwork; or (b) a buyer under a commercial resale of an artwork; or (c) an agent of a seller or buyer under a commercial resale of an artwork; or (d) an art market professional otherwise involved in a commercial resale of an artwork; the collecting society may, in writing, request the person to give the collecting society information in relation to the commercial resale relevant to determining: (e) the amount of any resale royalty payable on the commercial resale under this Act; and (f) who is liable to make the payment. (2) If: (a) a request is made to a person in accordance with subsection (1); and (b) the commercial resale in relation to which the request was made occurred within 6 years before the request was made; the person must comply with the request within 90 days after it is given.

Civil penalty:

(a) for an individual—100 penalty units;
(b) for a body corporate—500 penalty units.