Establishing a code of conduct for dealing in Aboriginal art was a key recommendation of the report by the Senate Inquiry report in 2007 into Indigenous visual arts and crafts, which identified unscrupulous and illegal commercial practices towards Aboriginal artists.
Aboriginal Art Online contributed to development of the Code over the last few years and we are committed to seeing it put into operation.
The
broad aim of the Code is to promote fair trade and commercial practice in the Indigenous visual
arts industry.
Any persons or entities operating in the Indigenous art industry (such as dealers, agents, art
galleries, auction houses and art centres, wholesalers and retailers) may
apply to become a signatory to the Code.
Joining the Code as a signatory will be voluntary and once the Code Administration Committee confirms that the dealer's details have been recorded then the dealer will be bound by the Code.
The core of the Code is about the need for dealers working with artists not to engage in unconscionable conduct towards the artist or an artist's representative and to establish agreements with artists that meet a set of minimum requirements.
The Code provides that a dealer who transacts directly with the artist for the supply or acquisition of an artwork ("the First Dealer") may only supply that artwork to another dealer or person if it is accompanied by a Code certificate. Any other dealer can only supply a Code certificate if it is a Code certificate created by the First Dealer. This provision is intended to tighten the authenticity and documentation link from the artist to subsequent dealers or buyers.
I believe that this requirement for each art work to have a "Code certificate" will over time put increasing pressure on non-Code dealers to join the Code and to conform to its requirements.
While the Code is voluntary for signatories, there is a significant effort associated with its setting up, promotion, administration and enforcement. The Code Administration Committee has been established and consists of people from the industry, artists and other members. It is supported by a paid
secretariat.