Commonwealth Numbered Acts Commonwealth Numbered ActsIn 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).