Peter Garrett (Kingsford Smith, Australian Labor Party, Minister for the Environment, Heritage and the Arts) Share this | Hansard source

Can I just make just one observation in respect of the shadow minister’s remarks. I think that he would agree with me that it is important to get this legislation, the Resale Royalty Right for Visual Artists Bill 2008, right. That is what the government has aimed to do. It has done that by listening extensively to the stakeholders in the visual arts community—the artists, those who are involved in the art market and those who are involved in the secondary art market. I think it is entirely appropriate for us to have significant opportunities both for that consideration and for the debate to unfold. I am very pleased to be able to come into the Main Committee to continue that debate and to reflect how seriously the government has taken this resale royalty legislation.

I think it is important, particularly in light of what the shadow minister said, to point out that we do want to make sure that everybody has an opportunity for all the issues of importance to be fully canvassed and represented to the government. I have had the opportunity to hear from the auction houses, from the visual arts community itself and from individual artists. I have to say that I do not share the pessimism of some, including NAVA, that this scheme will not bring any benefits for a period of some 60 years. In fact, I am very confident that it will bring benefits much, much sooner than that.

I am particularly confident of that because the scheme that the government has brought forward and is proposing is one which strikes the right balance between the need of the art market for certainty and the desirability of visual artists actually having a copyright, which in the medium and longer term can derive some ongoing benefit for them and for their heirs and successors, and I think that is critical. I say that particularly in the context of Indigenous artists in this country, who have long suffered the ignominy of seeing resales of their work at greatly appreciated values not returning them any benefit whatsoever. I know that everybody here in this Main Committee would agree that that is not a desirable situation. So I do want to thank the shadow minister for his commitment to not frustrate this legislation and for his recognition that we have taken into account a number of the matters that were raised by the Standing Committee on Climate Change, Water, Environment and the Arts in its consideration.

But I will just make this point: Australia’s visual artists have had to wait 12½ to 13 years for this legislation. It was important that we gave every opportunity not only for the parliament but for the public to consider very fully what the government was bringing forward, and I believe that we have done that. The time is now due. As I flagged in my summing up speech, the amendments that are in front of us further clarify the bill’s intent. They will ensure the smooth operation of this scheme. I am very pleased that we are able to reach this point of commending these amendments to the chamber.

Question agreed to.

Bill, as amended, agreed to.

Ordered that this bill be reported to the House with amendments.

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