3Definitions

#### 3 Definitions In this Act: > art market professional has the meaning given by subsection 8(3). > artwork has the meaning given by section 7. > buyer, in relation to the commercial resale of an artwork, means a person to whom, either alone or together with one or more other persons, ownership of the artwork is transferred under the commercial resale. > civil penalty provision has the meaning given by section 40. > collecting society means the society for the time being appointed as the collecting society under section 35. > commercial resale has the meaning given by section 8. > community body means a body (whether incorporated or unincorporated) established by a community for the purposes of supporting or promoting the welfare or cultural values of the community. > evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist. > Federal Court means the Federal Court of Australia. > GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999. > identified, in relation to an artist of an artwork, has the meaning given by section 13. > permanent resident means a person: (a) who is not an Australian citizen; and (b) whose normal place of residence is situated in Australia; and (c) whose presence in Australia is not subject to any limitation as to time imposed by law; and (d) who is not an unlawful non‑citizen. > personal information has the same meaning as in the Privacy Act 1988. > resale royalty right has the meaning given by section 6. > residency test has the meaning given by section 14. > rules, in relation to the collecting society, means the provisions of the memorandum and articles of association of the society. > seller, in relation to the commercial resale of an artwork, means a person who, either alone or together with one or more other persons, transfers ownership of the artwork under the commercial resale. > succession test has the meaning given by section 15. > time of a commercial resale is the earlier of: (a) the start of the day on which ownership of the artwork is transferred under the commercial resale; and (b) the start of the day on which consideration for the commercial resale is fully paid. > unlawful non‑citizen has the same meaning as in the Migration Act 1958. > works of visual art has a meaning affected by subsection 7(2).