Commonwealth of Australia Explanatory Memoranda

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RESALE ROYALTY RIGHT FOR VISUAL ARTISTS BILL 2008

2008-2009




               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA





                          HOUSE OF REPRESENTATIVES






              RESALE ROYALTY RIGHT FOR VISUAL ARTISTS BILL 2008




                    SUPPLEMENTARY EXPLANATORY MEMORANDUM



             Amendments to be Moved on Behalf of the Government







 (Circulated by authority of the Minister for the Environment, Heritage and
                                  the Arts,
                        the Hon. Peter Garrett AM MP)
              RESALE ROYALTY RIGHT FOR VISUAL ARTISTS BILL 2008



                                   OUTLINE

The Resale Royalty Right for Visual Artists Bill 2008 ('the Bill')
establishes a resale royalty right for visual artists and the accompanying
statutory scheme.

The Government amendments to the Bill:

 . (1) - amend the commencement date for specified clauses from 1 July 2009
   to a date to be fixed by Proclamation;
 . (2) and (3) - are consequential amendments as a result of the amendment
   to clause 7; and
 . (4) - clarify what is an artwork and includes additional examples of
   different types of works which are works of visual art.


                         FINANCIAL IMPACT STATEMENT

The additional financial impact of these amendments is expected to be nil.
NOTES ON ITEMS

EXPLANATION OF AMENDMENT 1

1. This amendment omits clause 2 and substitutes a new clause which changes
   the commencement of certain clauses of the Bill.

2. As previously drafted, Items 2, 3 and 5 of the table provided that
   clauses 3 to 5, Parts 2 (Resale Royalty Right), 4 (Civil Penalties) and 5
   (Miscellaneous) commence on 1 July 2009.

3. The proposed amendment alters the commencement of the above-mentioned
   clauses to a day to be fixed by Proclamation. If any of the provisions
   are not proclaimed, they will commence 6 months from the date the Bill
   receives Royal Assent.

4. The proposed amendment will allow the Government to complete the
   appointment of the collecting society prior to the resale royalty right
   arising.

EXPLANATION OF AMENDMENT 2

5. This amendment inserts a definition of works of visual art into clause
   3. The proposed amendment replaces the term works of graphic or plastic
   art in the Bill and is a consequence of the amendment to clause 7
   (amendment 4 below).

EXPLANATION OF AMENDMENT 3

6. This amendment omits the definition of works of graphic or plastic art
   which will be replaced by the definition of works of visual art
   (amendment 2) and is a consequence of the amendment to clause 7
   (amendment 4 below).

EXPLANATION OF AMENDMENT 4

7. This amendment omits clause 7 and replaces it with a new clause to
   clarify the definition of an artwork.

8. As previously drafted, subclause 7(1) referred to a work of graphic or
   plastic art. This amendment replaces that term with references to a work
   of visual art.

9. This amendment will change subclause 7(2) in the Bill to list examples
   of types of artworks which are works of visual art. The list includes
   works which were previously specified in the Explanatory Memorandum of
   the Bill.

10. The list in subclause 7(2) is not intended to be conclusive and this is
   clarified by the proposed inclusion of the words 'include, but are not
   limited to' in the subclause.

11. Paragraph 7(2)(v) of the proposed amendment includes a power to
   prescribe by regulation other things to be included in the definition of
   a work of visual art.