Christine Milne (Tasmania, Australian Greens) Share this | Hansard source

I note again the government and the coalition both defeated that amendment. I now move Greens amendment (3) on sheet 5900:

(3) Clause 12, page 8 (after line 4), after subclause (3), insert:

Communal ownership

     (3A)    If the artwork was created by an Indigenous artist under the direction of an Indigenous cultural group, the resale royalty right on a commercial resale of the artwork:

             (a)    is held by the group; and

             (b)    may be asserted by a custodian nominated by the group as its representative for this purpose.

It is basically to insert a new clause which says in relation to communal ownership that if the artwork was created by an Indigenous artist under the directions of an Indigenous cultural group the resale royalty right on a commercial resale of the artwork is held by the group and may be asserted by a custodian nominated by the group as its representative for this purpose. This is a long discussion—I do not intend to enter into it here—but I think it is essential that the government recognise communal ownership for the purposes of resale royalty rights for visual artists.