Resale Royalty Right for Visual Artists (Provisions to be Contained in Collecting Society Rules) Determination 2020

I, Paul Fletcher, Minister for Communications, Cyber Safety and the Arts, make the following determination.

Dated   6/2/2020    

Paul W Fletcher

Paul Fletcher

Minister for Communications, Cyber Safety and the Arts

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Schedules

6 Collecting society rules

Schedule 1—Repeals

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

1  Name

  This instrument is the Resale Royalty Right for Visual Artists (Provisions to be Contained in Collecting Society Rules) Determination 2020.

2  Commencement

  The whole of this instrument commences on the day after it is registered.

3  Authority

  This instrument is made under paragraph 35(4)(d) of the Resale Royalty Right for Visual Artists Act 2009.

4  Definitions

Note: A number of expressions used in this instrument are defined in section 3 of the Act, including the following:

(a) collecting society;

(b) resale royalty right;

(c) rules.

  In this instrument:

Act means the Resale Royalty Right for Visual Artists Act 2009.

5  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

6  Collecting society rules

 (1) 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.

Schedule 1—Repeals

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

1  The whole of the instrument

Repeal the instrument.