Règlement sur la protection du patrimoine culturel mobile 2018, Australie, WIPO Lex

Texte(s) princip(al)(aux)

Anglais Protection of Movable Cultural Heritage Regulations 2018

Protection of Movable Cultural Heritage Regulations 2018

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Protection of Movable Cultural Heritage

Regulations 2018

I, the Honourable Paul de Jersey AC, Administrator of the Government of the

Commonwealth of Australia, acting with the advice of the Federal Executive Council,

make the following regulations.

Dated 06 December 2018

Paul de Jersey AC

Administrator of the Government of the Commonwealth of Australia

By His Excellency’s Command

Mitch Fifield

Minister for Communications and the Arts

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Contents 1 Name........................................................................................................................... 1

2 Commencement .......................................................................................................... 1

3 Authority..................................................................................................................... 1

4 Schedule 2................................................................................................................... 1

5 Definitions .................................................................................................................. 1

6 Categories of objects that are the movable cultural heritage of Australia ................... 2

7 National Cultural Heritage Control List ...................................................................... 2

8 Period for giving notice of refusal to grant permit ...................................................... 2

9 Period for giving notice of refusal to grant certificate of exemption........................... 2

10 Register of expert examiners....................................................................................... 2

Schedule 1—National cultural heritage control list 3

Part 1—Objects of Australian Aboriginal and Torres Strait Islander heritage 3

Part 2—Archaeological objects 4

Part 3—Natural science objects 5

Part 4—Objects of applied science or technology 7

Part 5—Objects of fine or decorative art 9

Part 6—Objects of documentary heritage 11

Part 7—Numismatic objects 12

Part 8—Philatelic objects 14

Part 9—Objects of historical significance 15

Schedule 2—Repeals 17

Protection of Movable Cultural Heritage Regulations 1987 17

Protection of Movable Cultural Heritage Regulations 2018

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Section 1

1 Name

This instrument is the Protection of Movable Cultural Heritage Regulations

2018.

2 Commencement

(1) Each provision of this instrument 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

Provisions Commencement Date/Details

1. The whole of this The day after this instrument is registered. 11 December 2018

instrument

Note: This table relates only to the provisions of this instrument as originally made. It will

not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument.

Information may be inserted in this column, or information in it may be edited, in

any published version of this instrument.

3 Authority

This instrument is made under the Protection of Movable Cultural Heritage Act

1986.

4 Schedule 2

Each instrument that is specified in Schedule 2 to this instrument is amended or

repealed as set out in the applicable items in that Schedule, and any other item in

that Schedule has effect according to its terms.

5 Definitions

(1) In this instrument:

Act means the Protection of Movable Cultural Heritage Act 1986.

significance to Australia, for an object, means the object is of Australian origin,

has substantial Australian content, or has been used in Australia, and:

(a) is associated with a person, activity, event, place or business enterprise,

notable in history; or

(b) has received a national or international award or has a significant

association with an international event; or

(d) is an object of scientific or archaeological interest.

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Section 6

prescribed:

(e) philatelic objects.

7 National Cultural Heritage Control List

Schedule 1 is prescribed.

prescribed.

10 Register of expert examiners

to be an expert examiner.

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(2) If an object of a kind mentioned in Schedule 1 has been repaired, restored or

reassembled, the age of the object is not affected by that action for any provision

of Schedule 1 unless the action has substantially modified the object.

6 Categories of objects that are the movable cultural heritage of Australia

For the purposes of paragraph 7(1)(j) of the Act, the following categories are

(a) archaeological objects of non-Australian origin;

(b) natural science objects;

(d) objects of social history;

For the purposes of subsection 8(1) of the Act, the list of categories set out in

8 Period for giving notice of refusal to grant permit

For the purposes of subsection 10(7) of the Act, the period of 14 days is

9 Period for giving notice of refusal to grant certificate of exemption

For the purposes of subsection 12(6) of the Act, the period of 14 days is

For the purposes of section 22 of the Act, the register to be maintained by the

Committee must set out the name of each person determined by the Committee

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National cultural heritage control list Schedule 1

Objects of Australian Aboriginal and Torres Strait Islander heritage Part 1

Schedule 1—National cultural heritage control list Note: See section 7.

Part 1—Objects of Australian Aboriginal and Torres Strait Islander heritage

1.1 This Part lists objects of the category “Objects of Australian Aboriginal and

Torres Strait Islander heritage”.

1.2 An object is in this category if:

(a) it is an object:

(i) of cultural significance to Aboriginal or Torres Strait Islander people;

(ii) made by Aboriginal or Torres Strait Islander people; and

(b) it is not an object created specifically for sale; and

(i) is at least 30 years old; and

(ii) is not adequately represented in Aboriginal or Torres Strait Islander

community collections, or public collections in Australia.

1.3 The following objects of this category are Class A objects:

(a) sacred and secret ritual objects;

(b) bark and log coffins used as traditional burial objects;

(d) rock art;

(e) dendroglyphs.

1.4 All objects in this category, other than objects mentioned in clause 1.3, are Class

B objects, and include:

(a) objects relating to famous and important Aborigines or Torres Strait

Islanders, or to other persons significant in Aboriginal or Torres Strait

Islander history; and

(b) objects made on missions or reserves; and

protest and self-help movements; and

(d) original documents, photographs, drawings, sound recordings, film and

video recordings and any similar records relating to objects included in this

category.

Note: Objects of Aboriginal or Torres Strait Islander fine or decorative arts are dealt with in

Part 5 of this Schedule.

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Part 2 Archaeological objects

Part 2—Archaeological objects

peoples; and

industries; and

and

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2.1 This Part lists objects of the category “Archaeological objects”.

2.2 An object is in this category if it:

(a) is of significance to Australia; and

(b) is an Indigenous or non-Indigenous object that was recovered, as

mentioned in paragraph 7(1)(a) of the Act, after remaining for at least 50

years in the place from which it was removed; and

of equivalent quality.

2.3 Objects in this category are Class B objects, and include:

(a) objects relating to seagoing exploration, transportation, supply and

commerce, including ordnance, coins, ships’ gear, anchors, cargo and

personal items from shipwrecks, sunken ships and landfalls, ships’

logbooks and other documentation; and

(b) objects relating to military activity; and

development of Australia by non-Indigenous peoples; and

(d) objects relating to convict transportation and settlement; and

(e) objects relating to relations between Indigenous and non-Indigenous

(f) objects relating to missionary activity; and

(g) objects (including documentation) relating to the history of mining,

processing, industry, technology and manufacture in Australia; and

(h) objects relating to the development of the pastoral industry and other land

(i) objects relating to whaling and sealing; and

(j) objects relating to visits to, or settlement in, Australia of identifiable

cultural minorities; and

(k) biological or ethnographic objects or collections; and

(l) human remains, other than remains mentioned in Part 1 of this Schedule;

(m) organic remains associated with, or representative of, a prehistoric or

historic culture; and

(n) archaeological objects not mentioned in this clause relating to persons,

places or events significant in the history of Australia; and

(o) unclassified material recovered, as mentioned in paragraph 7(1)(a) of the

Act, for archaeological study; and

(p) material related to any object mentioned in this clause that adds

significantly to Australian historical or scientific information.

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Natural science objects Part 3

Part 3—Natural science objects

3.1 This Part lists objects of the category “Natural science objects”.

3.2 An object is in this category if it:

(a) is of significance to Australia; and

(b) is an object of the kind mentioned in clause 3.4; and

3.3 For the purposes of paragraph 3.2(c), an object of a kind well represented in

public collections in Australia may nevertheless not be adequately represented

because of the object’s quality or because of the place where the object was

collected.

3.4 Objects in this category are Class B objects, and include:

(a) any palaeontological object; and

(b) any mineral object not otherwise mentioned in this clause having a current

Australian market value of at least $10,000; and

$250,000; and

(d) any diamond or sapphire having a current Australian market value of at

least $250,000; and

(e) any opal having a current Australian market value of at least $100,000; and

(f) any other gemstone having a current Australian market value of at least

$25,000; and

(g) any meteorite; and

(h) any type specimen of present-day flora or fauna, a palaeontological object

or a mineral if:

(i) the type specimen is not lodged in an overseas collecting institution;

(ii) a permit under Part 13A of the Environment Protection and

Biodiversity Conservation Act 1999 is not in force for the type

specimen.

3.5 In this Part:

holotype means the original specimen from which the description of a new

species is made.

lectotype means a specimen selected as the type of a species or subspecies if the

type was not designated by the author of the original description.

mineral includes a carving or sculpture created from any mineral, including a

polished gemstone, but does not include any ore or concentrate used industrially

or intended for industrial use.

neotype means a specimen chosen to act as a type material subsequent to a

published original description if a holotype has been lost or destroyed.

palaeontological object means:

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Part 3 Natural science objects

the holotype.

appropriate.

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(a) a vertebrate or invertebrate fossil or plant fossil or a trace fossil specimen,

not being a fossil fuel or fossiliferous rock used or intended for any use

relating to industry; or

(b) a sculpture or other object made from fossiliferous or fossilised matter; or

invertebrate animal or of a plant.

paratype means a specimen other than a holotype, used at the time of original

description, and designated as a paratype by the author of the original

description, or clearly indicated as being one of the specimens on the basis of

which the original description was made.

syntype means any specimen of a series in which no specimen is designated as

type specimen means holotype, lectotype, neotype, paratype or syntype, as

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Objects of applied science or technology Part 4

Part 4—Objects of applied science or technology

4.1 This Part lists objects of the category “Objects of applied science or technology”.

4.2 The objects in this category relate to human enterprise and activity, other than

artistic activity, such as:

(a) tools, weapons, implements and machines; and

(b) any other object produced by, or related to, an object of the kind mentioned

in paragraph (a), including prototypes, models, patents and equipment.

4.3 An object is in this category if:

(a) it is of significance to Australia; and

(b) for an object:

(i) of Australian origin—it was made in Australia at least 30 years ago;

(ii) that has substantial Australian content—the Australian content was

made in Australia at least 30 years ago; or

(iii) that is not of Australian origin—it was in use in Australia at least 30

years ago; and

(d) it is not represented in at least 2 public collections in Australia by an object

of equivalent quality.

4.4 Objects in this category are Class B objects, and include:

(a) any agricultural object, including:

(i) an object used for agricultural production; and

(ii) an object used for processing agricultural products; and

(iii) an object relating to an industry producing products for use in

agriculture; and

(iv) any tool, implement or equipment used or intended for use in

agriculture or in farming life; and

(v) scientific equipment relating to agricultural research; and

(vi) any other thing related to agriculture; and

(b) any engineering object, including:

(i) a manufactured object relating to any branch of engineering, including

any object that is a machine or hand tool, engine or workshop

equipment, a control system or control mechanism, or an invention,

prototype or related model or patent object; and

(ii) any other thing related to engineering; and

(i) any lighter-than-air craft, including an airship; and

(ii) a glider, or kite, including a hang glider; and

(iii) any power-driven aircraft; and

(iv) any equipment used, or intended for use, in aircraft manufacture or

repair; and

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(v) any aircraft communication and guidance system, or component of

that kind of system; and

(vi) any aircraft instrument, engine, equipment, part or weapon; and

(vii) any prototype aircraft or experimental material relating to the design

or manufacture of aircraft; and

(viii) any other thing related to air transport; and

(d) any object of rail transport, including:

(i) a locomotive or rolling stock for a railway; and

(ii) a tram or an associated service vehicle for a tramway; and

(iii) any equipment, tool, accessory, machinery or model relating to rail

transport; and

(iv) any other thing related to rail transport; and

(e) any object of road transport, including:

(i) a motor vehicle or horse-drawn vehicle; and

(ii) a motorcycle or a pedal-operated cycle; and

(iii) a mining or other barrow, perambulator, sedan chair or litter; and

(iv) any equipment, manufacturing machine, tool, fuel distribution

appliance or instrument relating to an object mentioned in

subparagraph (i) or (ii); and

(v) any other thing related to road transport; and

(f) any object of scientific interest, including:

(i) an implement, tool or device used, or intended for use, for scientific

examination or measurement; and

(ii) apparatus assembled or constructed for purposes of scientific

research; and

(iii) a model of original scientific apparatus or of an original scientific

instrument; and

(iv) any other thing related to the field of science; and

(v) any object that is a component or part related to any object mentioned

in any of subparagraphs (i) to (iv); and

(g) any object of water transport, including:

(i) a sailing vessel, a steam-propelled vessel or a power-driven vessel;

and

(ii) a rowing boat, canoe or punt; and

(iii) any equipment, manufacturing machine, tool or navigation equipment

relating to water transport; and

(iv) any other thing related to water transport; and

(h) any object of weaponry, including any aircraft, vehicle, vessel, weapon, or

a related component or related equipment, used or intended for use in

warfare involving Australia either in Australia or overseas (but not

currently in use for the Australian Defence Force).

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Objects of fine or decorative art Part 5

Part 5—Objects of fine or decorative art

5.1 This Part lists objects of the category “Objects of fine or decorative art”.

5.2 An object is in this category if it is:

(a) an object of the kind mentioned in clause 5.3; or

(b) an object of the kind mentioned in clause 5.4 that:

(i) is an Australia-related object; and

(ii) is at least 30 years old.

5.3 An object mentioned in column 1 of an item in the following table that has a

current Australian market value of at least the amount mentioned in column 2 of

the item is a Class A object.

Objects of Fine or Decorative Art that are Class A objects

Item Column 1 Column 2

Object Amount

Pre-1901 Aboriginal or Torres Strait Islander artworks $25,000

Pre-1960 Aboriginal or Torres Strait Islander bark paintings or $25,000

sculptures not covered by item 1 of this table

5.4 Objects in this category, other than objects mentioned in clause 5.3, are Class B

objects and include an object mentioned in column 1 of an item in the following

table that has a current Australian market value of at least the amount mentioned

in column 2 of the item.

Objects of Fine or Decorative Art that are Class B objects

Item Column 1 Column 2

Object Amount

Watercolours, pastels, drawings, sketches and other similar works $40,000

Aboriginal desert paintings (including pre-1974 Aboriginal Papunya $100,000

paintings), other than a painting that is a Class A object because of

paragraph 1.3(a) of this Schedule

Aboriginal Kimberley paintings on canvas $100,000

Oil and acrylic paintings not covered by item 1, 2 or 3 of this table $350,000

Aboriginal or Torres Strait Islander ochre paintings that are on bark, $20,000

composition board, wood, cardboard, stone or other similar supports

Prints, posters, photographs and similar works of art with potential $10,000

for multiple production

Textiles, including tapestries, carpets and batiks $10,000

Sculptures $30,000

Furniture $30,000

10 Jewellery $40,000

11 Clocks and watches $40,000

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Part 5 Objects of fine or decorative art

Objects of Fine or Decorative Art that are Class B objects

Item Column 1 Column 2

Object Amount

12 Musical instruments $10,000

13 Architectural fittings and decoration and interior decoration $15,000

14 Objects made from precious metals $25,000

15 Any objects of fine or decorative art that are not covered by another $10,000

item of this table

5.5 However, an object is not in this category if it is owned by the person who

created the object.

5.6 In this Part:

Australia-related object means an object designed or made:

(a) in or outside Australia by an Australian; or

(b) in Australia by a foreign person who, at some time, worked or resided in

Australia; or

motifs or subject-matter, or is otherwise relevant to Australia.

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Objects of documentary heritage Part 6

Part 6—Objects of documentary heritage

6.1 This Part lists objects of the category “Objects of documentary heritage”.

6.2 An object is in this category if it is a document that:

(a) is of significance to Australia; and

(b) is at least 30 years old; and

of equivalent quality.

6.3 Objects in this category are Class B objects.

6.4 In this Part:

document means any written or printed material, or any article on which

information has been stored or recorded either mechanically or electronically,

and includes:

(a) a book, letter, ledger, register, pamphlet or similar article; and

(b) a sound recording, a film, television or video production, or any other

production that includes moving images or recorded sounds; and

(d) an article that forms part of government records or archives of the

Commonwealth, a State or a Territory, a Commonwealth, State or Territory

authority, the Governor-General or the Governor of a State, only if,

because of a law of the Commonwealth, a State or a Territory in relation to

the article, the article must be kept permanently in Australia.

government records or archives has the meaning given by any relevant law of

interpretation of the government of the Commonwealth or the State or Territory

that created, or has custody or control of, the records or archives.

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Part 7 Numismatic objects

Part 7—Numismatic objects

7.1 This Part lists objects of the category “Numismatic objects”.

7.2 An object is in this category if it is:

(a) a Victoria Cross medal awarded to a person mentioned in clause 7.3; or

(b) an object of a kind mentioned in any of paragraphs 7.4(b) to (e) that:

(i) is of significance to Australia; and

(ii) has a current Australian market value of at least $15,000; and

(iii) is not represented in at least 2 public collections in Australia by an

object of equivalent quality.

7.3 A Victoria Cross medal awarded to any of the following persons is a Class A

object unless it is owned, or held on loan, by the Commonwealth or a principal

collecting institution.

Anderson, C.G.W.

Axford, T.L.

Badcoe, P.I.

Baird, C.S.

Beatham, R.

Bell, F.W.

Birks, F.

Bisdee, J.H.

Blackburn, A.

Borella, A.

Brown, W.E.

Buckley, A.

Buckley, M.V.

Bugden, P.J.

Burton, A.

Carrol, J.

Cartwright, G.

Castleton, C.

Cherry, P.H.

Chowne, A.

Cooke, T.

Currey, W.

Cutler, A.R.

Dalziel, H.

Davey, P.

Derrick, T.C.

Donaldson, M.

Dunstan, W.

Gordon, B.S.

Gordon, J.H.

Gratwick, P.E.

Grieve, R.C.

Gurney, A.S.

Hall, A.C.

Hamilton, J.

Howell, G.J.

Howse, N.R.

Ingram, G.M.

Inwood, R.R.

Jacka, A.

Jackson, J.W.

Jeffries, C.S.

Jensen, J.C.

Joynt, W.D.

Keighran, D.

Kelliher, R.

Kenna, E.

Kenny, T.J.

Keysor, L.M.

Kibby, W.H.

Kingsbury, B.S.

Leak, J.

Lowerson, A.D.

Mackey, J.B.

Mactier, R.

Maxwell, J.

McNamara, F.H.

Middleton, R.H.

Moon, R.V.

Murray, H.W.

Newland, J.E.

Newton, W.E.

O’Meara, M.

Partridge, F.J.

Payne, K.

Peeler, W.

Pope, C.

Rattey, R.R.

Roberts-Smith, B.

Ruthven, W.

Ryan, J.

Sadlier, C.W.K.

Shout, A.J.

Simpson, R.S.

Starcevich, L.T.

Statton, P.C.

Storkey, P.V.

Sullivan, A.P.

Symons, W.J.

Throssell, H.V.H.

Towner, E.T.

Tubb, F.H.

Wark, B.A.

Weathers, L.C.

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Numismatic objects Part 7

Dwyer, J.J. Maygar, L.C. Wheatley, K.A.

Edmondson, J.H. McCarthy, L.D. Whittle, J.W.

French, J.A. McDougall, S.R. Woods, J.P.

Gaby, A.E. McGee, L. Wylly, G.G.

7.4 All objects in this category, other than objects that are Class A objects under

clause 7.3, are Class B objects, and include:

(a) a Victoria Cross medal awarded to a person mentioned in clause 7.3 if it is

owned, or held on loan, by the Commonwealth or a principal collecting

institution; and

(b) any other medal or other decoration, whether of a civil or military nature

(other than a campaign medal), awarded to a person:

(i) ordinarily resident in Australia at the time of the award; or

(ii) for a posthumous award—ordinarily resident in Australia at the time

of the service or circumstance to which the award relates; and

decoration mentioned in paragraph (b); and

(d) a badge, token or charm, coin or paper money; and

(e) a pattern, proof or specimen striking.

7.5 However, the following are not objects in this category:

(a) a Victoria Cross medal awarded to a person mentioned in clause 7.3 if it is:

(i) owned by the person to whom the award was made or, in the case of a

posthumous award, by the next-of-kin of the person to whom the

award was made; and

(ii) not held on loan by the Commonwealth or a principal collecting

institution;

(b) a medal or other decoration mentioned in paragraph 7.4(b), or a citation,

other document or insignia mentioned in paragraph 7.4(c) that relates to

such a medal or decoration, if it is owned by the person to whom the award

was made or, in the case of a posthumous award, by the next-of-kin of the

person to whom the award was made.

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Part 8 Philatelic objects

Part 8—Philatelic objects

Australia; and

and

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8.1 This Part lists objects of the category “Philatelic objects”.

8.2 An object is in this category if it:

(a) is of significance to Australia; and

(b) is an object of the kind mentioned in clause 8.3; and

(d) is not represented in at least 2 public collections in Australia by an object

of equivalent quality.

8.3 Objects in this category are Class B objects, and include:

(a) a postal marking, or postage or revenue stamp, that is in mint condition or

is attached in any way to a document; and

(b) any material used in the design, production, usage or collection of stamps;

(i) has won an award known as a Large Gold medal in international

competition; or

(ii) has a current Australian market value of at least $150,000.

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Objects of historical significance Part 9

Part 9—Objects of historical significance

9.1 This Part lists objects of the category “Objects of historical significance”.

9.2 An object is in this category if it is:

(a) an object of the kind mentioned in clause 9.3; or

(b) an object of the kind mentioned in clause 9.4 that:

(i) is associated with a person, activity, event, place or business

enterprise, notable in Australian history; and

(ii) is at least 30 years old; and

(iii) is not represented in at least 2 public collections in Australia by an

object of equivalent quality.

9.3 Each piece of the suit of metal armour worn by Ned Kelly at the event known as

the siege of Glenrowan in Victoria in 1880 is a Class A object.

9.4 Objects in this category, other than objects mentioned in clause 9.3, are Class B

objects, and include:

(a) objects of heraldry; and

(b) objects relating to Australian military history; and

decorations, equipment and furniture, costumes and textiles and personal

effects; and

(d) objects relating to work life, including specialised trades and labour

material, trade unionism, company activity and corporate identity, trade

and commerce; and

(e) objects relating to courts and tribunals, law enforcement including the

police, law-breakers, convicts and prison life; and

(f) objects relating to education; and

(g) objects relating to health and medicine; and

(h) objects relating to arts and crafts; and

(i) objects relating to leisure and recreation, including all forms of sport,

entertainment and tourism; and

(j) objects relating to politics; and

(k) objects relating to exploration; and

(l) objects relating to migration; and

(m) objects relating to community activities; and

(n) objects relating to religion.

9.5 In this Part:

Australian military history means the history of:

(a) wars, and operations or activities relating to warfare, in which Australians

have been actively engaged; and

(b) any army, navy or air force unit in which Australians have taken part; and

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Part 9 Objects of historical significance

overseas.

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(d) operations, or other activities, conducted in Australia by any army, navy or

air force personnel or unit of a country other than Australia; and

(e) objects used against the Australian Defence Force, whether in Australia or

objects of heraldry means flags, banners, guidons and colours

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Repeals Schedule 2

Schedule 2—Repeals

Protection of Movable Cultural Heritage Regulations 1987

1 The whole of the instrument

Repeal the instrument.

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