Commonwealth Numbered Acts

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RESALE ROYALTY RIGHT FOR VISUAL ARTISTS ACT 2009 (NO. 125, 2009) - SECT 23

Collection of resale royalty by the collecting society

             (1)  This section applies unless:

                     (a)  the holder of the resale royalty right on the commercial resale of an artwork; or

                     (b)  if there is more than one holder of the resale royalty right on the commercial resale of an artwork--all the holders of the resale royalty right on the commercial resale of the artwork;

notify the collecting society in writing, within 21 days after notice of the commercial resale is published on the collecting society's website, that the collecting society is not to collect the resale royalty, or enforce the resale royalty right, on the commercial resale on behalf of the holder or holders of the right.

             (2)  The collecting society must use its best endeavours to collect the resale royalty payable under this Act, and, if necessary, enforce any resale royalty right held under this Act, on the commercial resale of the artwork on behalf of the holder or holders of the resale royalty right.

             (3)  The collecting society is not subject to the direction of any holder or holders of the resale royalty right in collecting the resale royalty or enforcing that right.



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