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This instrument is the Resale Royalty Right for Visual Artists Regulations 2021.
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Commonwealth legislation
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).
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Direct links to the current provisions in Resale Royalty Right for Visual Artists Regulations 2021.
This instrument is the Resale Royalty Right for Visual Artists Regulations 2021.
This instrument is made under the Resale Royalty Right for Visual Artists Act 2009.
In this instrument:
Act means the Resale Royalty Right for Visual Artists Act 2009.
For the purposes of paragraph 8(1)(c) of the Act, an excluded class of transfer is a transfer of ownership of an artwork: (a) for monetary consideration of less than $1000; and (b) to which subsection 8(2) of the Act does not apply.
For the purposes of paragraph 14(1)(c) of the Act, the following countries are prescribed as reciprocating countries: (a) Austria; (b) Belgium; (c) Czech Republic; (d) Denmark; (da) Estonia; (e) Finland; (f) France; (g) Germany; (ga) Greece; (h) Hungary; (i) Ireland; (j) Italy; (k) Latvia; (ka) Lithuania; (kb) Mexico; (l) Netherlands; (la) New Zealand; (m) Norway; (ma) Poland; (n) Portugal; (na) Romania; (nb) Slovakia; (o) Spain; (p) Sweden; (q) United Kingdom; (r) Uruguay.
For the purposes of section 28 of the Act, the Minister may, by legislative instrument, determine a format of notice of commercial resale.
(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: (a) the date of resale; (b) the GST inclusive sale price; (c) whether the seller acquired the artwork on or after the commencement date of the resale royalty right arrangements to which the Act relates; (d) the medium of the artwork or a description of the artwork; (e) the artist’s name (if known); (ea) if the artist’s name is not known—that fact; (f) the country of which the artist is a citizen or permanent resident (if known); (fa) if the country of which the artist is a citizen or permanent resident is not known—that fact; (g) whether the artist is alive (if known); (ga) if whether the artist is alive is not known—that fact; (h) if the artist has died—the year of the artist’s death (if known); (ha) if the artist has died and the year of the artist’s death is not known—that fact.
Note: The commencement date of the resale royalty right arrangements referred to in paragraph (c) is 9 June 2010.
(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.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Resale Royalty Right for Visual Artists Regulations 2021.
This instrument is made under the Resale Royalty Right for Visual Artists Act 2009.
In this instrument:
Act means the Resale Royalty Right for Visual Artists Act 2009.
For the purposes of paragraph 8(1)(c) of the Act, an excluded class of transfer is a transfer of ownership of an artwork: (a) for monetary consideration of less than $1000; and (b) to which subsection 8(2) of the Act does not apply.
For the purposes of paragraph 14(1)(c) of the Act, the following countries are prescribed as reciprocating countries: (a) Austria; (b) Belgium; (c) Czech Republic; (d) Denmark; (da) Estonia; (e) Finland; (f) France; (g) Germany; (ga) Greece; (h) Hungary; (i) Ireland; (j) Italy; (k) Latvia; (ka) Lithuania; (kb) Mexico; (l) Netherlands; (la) New Zealand; (m) Norway; (ma) Poland; (n) Portugal; (na) Romania; (nb) Slovakia; (o) Spain; (p) Sweden; (q) United Kingdom; (r) Uruguay.
For the purposes of section 28 of the Act, the Minister may, by legislative instrument, determine a format of notice of commercial resale.
(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: (a) the date of resale; (b) the GST inclusive sale price; (c) whether the seller acquired the artwork on or after the commencement date of the resale royalty right arrangements to which the Act relates; (d) the medium of the artwork or a description of the artwork; (e) the artist’s name (if known); (ea) if the artist’s name is not known—that fact; (f) the country of which the artist is a citizen or permanent resident (if known); (fa) if the country of which the artist is a citizen or permanent resident is not known—that fact; (g) whether the artist is alive (if known); (ga) if whether the artist is alive is not known—that fact; (h) if the artist has died—the year of the artist’s death (if known); (ha) if the artist has died and the year of the artist’s death is not known—that fact.
Note: The commencement date of the resale royalty right arrangements referred to in paragraph (c) is 9 June 2010.
(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.