Announcement date
23 December 2019
Link to announcement
Post-Implementation Review — Resale Royalty Right for Visual Artists Act 2009 and the Resale Royalty Scheme | Office for the Arts
The 2019 Report for the Post-implementation Review (PIR) of the Resale Royalty Right for Visual Artists Act 2009 (the Act) and accompanying Resale Royalty Scheme (the Scheme) examines the first three years and four months of the Scheme's operation. The Report uses the data generated in this period to assess any early impacts from the Act and Scheme, analyse the effectiveness of the Scheme and provide forecasts on the future scale of the Scheme.
The Review found that the Scheme and the Act remain appropriate and that it was achieving its key objective of providing financial returns to individual artists. However, it is recognised that the Scheme was introduced at a very difficult time for the art market and stakeholder views were polarised.
The Australian Centre for Evaluation (ACE) noted that the PIR was published on Department of Infrastructure, Transport, Regional Development, Communications, Sport, and the Arts (DITRDCSA) website in 2019. However, the PIR was not formally assessed for the purposes of the Australian Government Guide to Policy Impact Analysis (the Guide). The ACE was informed of this earlier this year and commenced the formal assessment process.
Usually, the process set out in the Guide requires DITRDCSA to certify that, in the Department’s view, the PIR meets the Government’s requirements under the Guide. However, given the PIR had already been published and concerned a regulatory change that occurred over a decade ago (in 2009), the ACE did not believe this step was necessary in this case.
Consequently, the ACE has undertaken an assessment of the PIR and is satisfied that the PIR provides an adequate level of analysis to inform decision-makers regarding the efficiency and effectiveness of the regulation.
Assessment comments
Since 1 July 2023, responsibility for Australian Government evaluation processes rests with the ACE. The ACE’s assessment of the PIR is that it contains an adequate level of analysis to inform the decision-maker on the efficiency and effectiveness of the regulation. As per the Government’s Policy Impact Analysis requirements, publication is required on the Department of the Prime Minister and Cabinet’s website.