House debates

Tuesday, 8 September 2009

Resale Royalty Right for Visual Artists Bill 2008

Report from Main Committee

Bill returned from Main Committee with amendments; certified copy of the bill and schedule of amendments presented.

Ordered that this bill be considered immediately.

Main Committee’s amendments—

(1)    Clause 2, page 2 (lines 1 to 12), omit the clause, substitute:

2 Commencement

        (1)    Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

2.  Sections 3 to 5

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

3.  Part 2

At the same time as the provisions covered by table item 2.

4.  Part 3

The day on which this Act receives the Royal Assent.

5.  Parts 4 and 5

At the same time as the provisions covered by table item 2.

Note:   This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

        (2)    Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

(2)    Clause 3, page 4 (after line 10), after the definition of unlawful non-citizen, insert:

works of visual art has a meaning affected by subsection 7(2).

(3)    Clause 3, page 4 (lines 11 and 12), omit the definition of works of graphic or plastic art.

(4)    Clause 7, page 5 (lines 7 to 14), omit the clause, substitute:

7 What is an artwork?

        (1)    An artwork is an original work of visual art that is either:

             (a)    created by the artist or artists; or

             (b)    produced under the authority of the artist or artists.

        (2)    Works of visual art include, but are not limited to, the following:

             (a)    artists’ books;

             (b)    batiks;

             (c)    carvings;

             (d)    ceramics;

             (e)    collages;

              (f)    digital artworks;

             (g)    drawings;

             (h)    engravings;

              (i)    fine art jewellery;

              (j)    glassware;

             (k)    installations;

              (l)    lithographs;

            (m)    multimedia artworks;

             (n)    paintings;

             (o)    photographs;

             (p)    pictures;

             (q)    prints;

              (r)    sculptures;

             (s)    tapestries;

              (t)    video artworks;

             (u)    weavings;

             (v)    any other things prescribed by the regulations.

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The question is that the amendments be agreed to.

Question agreed to.

Bill, as amended, agreed to.