Prepared by the Office of Parliamentary Counsel, Canberra
Protection of Movable Cultural Heritage
Act 1986
No. 11, 1986
Compilation No. 18
Compilation date: 21 October 2016
Includes amendments up to: Act No. 61, 2016
Registered: 7 November 2016
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About this compilation
This compilation
This is a compilation of the Protection of Movable Cultural Heritage Act 1986
that shows the text of the law as amended and in force on 21 October 2016 (the
compilation date).
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on the Legislation Register (www.legislation.gov.au). The details of
amendments made up to, but not commenced at, the compilation date are
underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled
law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see
the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on the Legislation
Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.
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Protection of Movable Cultural Heritage Act 1986 i
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Contents
Part I—Preliminary 1 1 Short title ...........................................................................................1
2 Commencement.................................................................................1
3 Interpretation .....................................................................................1
4 Act binds the Crown..........................................................................4
5 Application ........................................................................................4
6 Extension to Territories .....................................................................4
6A Application of the Criminal Code .....................................................4
Part II—Control of Exports and Imports 5
Division 1—Exports 5
7 Movable cultural heritage of Australia ..............................................5
8 National Cultural Heritage Control List ............................................6
9 Unlawful exports ...............................................................................6
10 Grant of permits in respect of particular objects................................8
10A Grant of general permits for certain institutions ................................9
11 Permits.............................................................................................10
12 Certificates of exemption.................................................................10
13 Variation etc. of conditions and period of permit or
certificate .........................................................................................11
13A Address for service of notices..........................................................11
Division 2—Imports 13
14 Unlawful imports.............................................................................13
Part III—Administration 15 15 National Cultural Heritage Committee ............................................15
16 Functions of Committee ..................................................................15
17 Constitution of Committee ..............................................................15
18 Removal and resignation .................................................................16
19 Remuneration and allowances .........................................................17
20 Disclosure of interests .....................................................................17
21 Meetings ..........................................................................................18
21A Conduct of meetings........................................................................18
21B Certain resolutions may be made without meetings ........................19
22 Register of expert examiners ...........................................................19
23 Expert examiners .............................................................................20
24 Delegation .......................................................................................20
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Part IV—National Cultural Heritage Account 21 25 Establishment of National Cultural Heritage Account.....................21
25A Credits to Account...........................................................................21
25B Purpose of Account .........................................................................21
26 Taxation...........................................................................................22
Part V—Enforcement of Act 23 27 Interpretation ...................................................................................23
28 Inspectors ........................................................................................23
29 Identity cards ...................................................................................24
30 Search warrants ...............................................................................24
31 Search warrants granted by telephone .............................................26
32 Searches in emergencies ..................................................................27
33 Powers of arrest ...............................................................................28
34 Seizure of protected objects.............................................................29
35 Power of retention ...........................................................................29
36 Notice of seizure..............................................................................30
37 Court proceedings............................................................................32
38 Result of forfeiture ..........................................................................33
39 Production of permit ........................................................................33
40 Proof of authority ............................................................................34
41 Foreign country to request return of objects ....................................34
43 Assistance of inspectors...................................................................34
46 Indictable offences...........................................................................35
Part VI—Miscellaneous 36 47 Annual report...................................................................................36
48 Administrative Appeals Tribunal ....................................................36
49 Regulations......................................................................................36
Endnotes 38
Endnote 1—About the endnotes 38
Endnote 2—Abbreviation key 40
Endnote 3—Legislation history 41
Endnote 4—Amendment history 45
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Preliminary Part I
Section 1
Protection of Movable Cultural Heritage Act 1986 1
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An Act to protect Australia’s heritage of movable
cultural objects, to support the protection by
foreign countries of their heritage of movable
cultural objects, and for related purposes
Part I—Preliminary
1 Short title
This Act may be cited as the Protection of Movable Cultural
Heritage Act 1986.
2 Commencement
This Act shall come into operation on a day to be fixed by
Proclamation.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
aircraft means a machine or apparatus that can derive support in
the atmosphere from the reactions of the air or from buoyancy.
appoint includes re-appoint.
Australia includes the external Territories.
Australian protected object means a Class A object or a Class B
object.
certificate means a certificate in force under section 12.
Chairperson means the Chairperson of the Committee.
Class A object means an object included in the class of Class A
objects in the Control List.
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Class B object means an object included in the class of Class B
objects in the Control List.
coastal sea, in relation to Australia, means:
(a) the territorial sea of Australia; and
(b) the sea on the landward side of the territorial sea of Australia.
Committee means the National Cultural Heritage Committee
established under section 15.
condition, in relation to a permit, means a condition to which the
permit is subject.
Control List means the National Cultural Heritage Control List in
force under section 8.
expert examiner means a person whose name is in the register kept
under section 22.
export means export from Australia.
import means import into Australia.
inland waters of Australia includes all waters on the landward side
of the coastal sea of Australia.
inspector means a person who is an inspector by virtue of
section 28.
member means a member of the Committee.
National Cultural Heritage Account means the Account
established by section 25.
officer of Customs has the meaning given by subsection 4(1) of the
Customs Act 1901.
permit means a permit in force under section 11.
principal collecting institution means:
(a) a public art gallery; or
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(b) a public museum; or
(c) a public library; or
(d) public archives;
established under a law of the Commonwealth, a State or a
Territory.
protected object means an Australian protected object or a
protected object of a foreign country.
protected object of a foreign country means an object forming part
of the movable cultural heritage of a foreign country.
structure includes a platform fixed to the seabed or otherwise
operating in the sea.
vessel means anything capable of carrying persons or goods
through or on water, and includes an air-cushion vehicle or similar
craft.
(2) A power conferred on a person by this Act may be exercised in the
discretion of the person.
(3) A reference in this Act to an offence against a particular provision
of this Act, or against this Act, includes a reference to an offence
against:
(a) section 6 of the Crimes Act 1914; or
(b) an ancillary offence (within the meaning of the Criminal
Code);
being an offence that relates to an offence against that provision of
this Act, or against this Act, as the case may be.
(3A) A reference in this Act to an offence against this Act includes a
reference to an offence against section 148.1, 148.2, 147.1 or 149.1
of the Criminal Code that relates to this Act.
(4) For the purposes of the application of this Act in relation to a body
corporate, but without prejudice to the liability of any person other
than the body corporate:
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(a) a statement made, or document furnished, by a person acting
on behalf of the body corporate shall be deemed to be made
or furnished by the body corporate; and
(b) the knowledge of any person employed by, or concerned in
the management of, the body corporate shall be deemed to be
knowledge of the body corporate.
(5) A reference in this Act to the movable cultural heritage, in relation
to a foreign country, is a reference to objects that are of importance
to that country, or to a particular part of that country, for:
(a) ethnological, archaeological, historical, literary, artistic,
scientific or technological reasons; or
(b) any other prescribed reasons.
(6) The provisions of this Act relating to the exportation or importation
of an object apply notwithstanding that the object may have been
brought into Australia from a country for the purpose of
transportation to another country or as part of the stores or
equipment of a vessel or aircraft.
4 Act binds the Crown
This Act binds the Crown in each of its capacities.
5 Application
This Act applies both within and outside Australia.
6 Extension to Territories
This Act extends to every external Territory.
6A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this
Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility.
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Control of Exports and Imports Part II
Exports Division 1
Section 7
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Part II—Control of Exports and Imports
Division 1—Exports
7 Movable cultural heritage of Australia
(1) A reference in section 8 to the movable cultural heritage of
Australia is a reference to objects that are of importance to
Australia, or to a particular part of Australia, for ethnological,
archaeological, historical, literary, artistic, scientific or
technological reasons, being objects falling within one or more of
the following categories:
(a) objects recovered from:
(i) the soil or inland waters of Australia;
(ii) the coastal sea of Australia or the waters above the
continental shelf of Australia; or
(iii) the seabed or subsoil beneath the sea or waters referred
to in subparagraph (ii);
(b) objects relating to members of the Aboriginal race of
Australia and descendants of the indigenous inhabitants of
the Torres Strait Islands;
(c) objects of ethnographic art or ethnography;
(d) military objects;
(e) objects of decorative art;
(f) objects of fine art;
(g) objects of scientific or technological interest;
(h) books, records, documents or photographs, graphic, film or
television material or sound recordings;
(j) any other prescribed categories.
(2) The generality of paragraph (1)(j) is not limited by any of the other
paragraphs of subsection (1).
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8 National Cultural Heritage Control List
(1) Subject to subsection (2), the regulations shall prescribe a list, to be
known as the National Cultural Heritage Control List, of categories
of objects that constitute the movable cultural heritage of Australia
and are to be subject to export control.
(2) The Control List shall divide such objects into 2 classes, namely:
(a) Class A objects, being objects that are not to be exported
otherwise than in accordance with a certificate; and
(b) Class B objects, being objects that are not to be exported
otherwise than in accordance with a permit or certificate.
(3) Subsection (2) does not prevent the division of Class A objects and
Class B objects into sub-classes and other divisions or categories.
(4) Nothing in this section shall be taken to limit the application of
subsection 33(3A) of the Acts Interpretation Act 1901.
9 Unlawful exports
(1) Where a person exports an Australian protected object otherwise
than in accordance with a permit or certificate, the object is
forfeited.
(2) Where a person attempts to export an Australian protected object
otherwise than in accordance with a permit or certificate, the object
is liable to forfeiture.
(3) A person commits an offence if:
(a) the person exports, or attempts to export, an object; and
(b) the object is an Australian protected object; and
(c) the person’s conduct referred to in paragraph (a) is otherwise
than in accordance with a permit or certificate.
(3A) A person commits an offence if:
(a) a permit or certificate relates to an Australian protected
object; and
(b) the person engages in conduct; and
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(c) the conduct contravenes a condition of the permit or
certificate.
(3B) A person who is convicted of an offence against subsection (3) or
(3A) is punishable by:
(a) if the person is an individual—a fine not exceeding 1,000
penalty units or imprisonment for a period not exceeding 5
years, or both; or
(b) if the person is a body corporate—a fine not exceeding 2,000
penalty units.
Note: See subsection 46(4) for penalties that may be imposed by a court of
summary jurisdiction.
(4) For the purposes of this section, an object shall be taken to be
exported at the time when:
(a) the object has been placed on board a ship or aircraft at a
particular place in Australia with the intention that it be taken
out of Australia by that ship or aircraft and the departure of
the ship or aircraft from that place has commenced; or
(b) the object has been delivered as a postal article into the
control of the Australian Postal Corporation at a particular
place in Australia with the intention that it be sent out of
Australia by post and the movement of the postal article from
that place has commenced.
(5) Without limiting the meaning of references in this section to a
person attempting to export an object, a person shall be taken to
attempt to export an object if the person conveys, or has possession
of, the object with intent to export it or knowing that it is intended
to be exported.
(6) For the purposes of this section, a person who exports or attempts
to export an Australian protected object shall be taken to export, or
attempt to export, the object otherwise than in accordance with a
permit or certificate unless, before exporting or attempting to
export the object, the person produces a permit or certificate
authorising the export:
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(a) where the export is not from an external Territory to an
officer of Customs; or
(b) where the export is from an external Territory—to an
inspector performing duties in relation to the export of
Australian protected objects.
(7) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
10 Grant of permits in respect of particular objects
(1) A person may apply to the Minister for a permit to export a Class B
object.
(2) An application shall be made in writing in the prescribed form, or,
if no form is prescribed, the form approved by the Minister.
(3) On receipt of an application, the Minister shall refer it to the
Committee and the Committee shall refer it to one or more expert
examiners.
(4) The expert examiner or examiners shall submit to the Committee a
written report on the application, and the Committee shall forward
the report to the Minister together with the written
recommendations (if any) made by the Committee.
(5) The Minister shall consider the report and recommendations (if
any) and:
(a) grant a permit to export the Class B object concerned, subject
to such conditions (if any) as the Minister specifies; or
(b) refuse to grant a permit.
(6) In considering the application, an expert examiner, the Committee
and the Minister:
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(a) shall have regard, among other things, to the reasons referred
to in subsection 7(1) that are relevant to the object to which
the application relates; and
(b) if satisfied that the object is of such importance to Australia,
or a part of Australia, for those reasons, that its loss to
Australia would significantly diminish the cultural heritage
of Australia—shall not recommend the grant of a permit, or
grant a permit, as the case may be, to export the object
permanently.
(7) If the Minister refuses to grant the permit, the Minister shall,
within the prescribed period after the decision is made, cause to be
served on the applicant notice in writing of the refusal, setting out
the reasons for the refusal.
10A Grant of general permits for certain institutions
(1) A principal collecting institution may apply to the Minister for a
permit to export a Class B object that is accessioned into the
collection for which the institution is responsible.
(2) If a principal collecting institution is not a body corporate, the
person responsible for the institution’s operations may make an
application under subsection (1).
(3) An application is to be made in writing in the prescribed form, or,
if no form is prescribed, the form approved by the Minister.
(4) On receipt of an application, the Minister must refer it to the
Committee.
(5) The Committee must submit to the Minister a written report on the
application.
(6) The Minister must consider the report and:
(a) grant to the applicant a permit to export any Class B object
that is accessioned into the collection for which the
institution is responsible; or
(b) refuse to grant a permit.
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(7) A permit is subject to:
(a) a condition that an exportation of a Class B object is not in
accordance with the permit unless it is exported on loan for
the purposes of research, public exhibition or a similar
purpose; and
(b) such other conditions (if any) as the Minister specifies in the
permit.
(8) If the Minister refuses to grant a permit, the Minister must, within
the prescribed period after the decision is made, cause to be served
on the applicant written notice of the refusal, setting out the
reasons for the refusal.
11 Permits
(1) A permit granted under section 10 or 10A shall be in writing in the
prescribed form, or if no form is prescribed, the form approved by
the Minister.
(2) A permit granted under section 10 or 10A comes into force on the
date on which it is granted and remains in force for an indefinite
period or for a period specified in the permit.
12 Certificates of exemption
(1) Where a person intends to import an Australian protected object:
(a) for temporary purposes; or
(b) in circumstances in which the person may wish subsequently
to export the object;
the person may apply to the Minister for a certificate authorising
the exportation of the object.
(2) An application shall be made in writing in the prescribed form or,
if no form is prescribed, the form approved by the Minister.
(3) On receipt of an application, the Minister shall:
(a) grant a certificate, subject to such conditions (if any) as the
Minister specifies; or
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(b) refuse to grant a certificate.
(4) A certificate shall be in writing in the prescribed form or, if no
form is prescribed, the form approved by the Minister.
(5) A certificate comes into force on the date on which it is granted
and remains in force for the period specified in the certificate.
(6) If the Minister refuses to grant a certificate, the Minister shall,
within the prescribed period after the decision is made, cause to be
served on the applicant notice in writing of the refusal, setting out
the reasons for the refusal.
13 Variation etc. of conditions and period of permit or certificate
(1) At any time while a permit or certificate is in force, the Minister
may, by notice in writing served on the holder of the permit or
certificate:
(a) impose a condition to which the permit or certificate is to be
subject;
(b) vary or revoke a condition of the permit or certificate;
(c) vary the period of effect of the permit or certificate; or
(d) revoke the permit or certificate.
(2) A notice under subsection (1) takes effect when it is served on the
holder of the permit or certificate or on such later date (if any) as is
specified in the notice.
(3) The Minister shall not exercise a power under subsection (1) in
relation to a permit or certificate except upon an application by the
holder of the permit or certificate made in writing in the prescribed
form, or, if no form is prescribed, the form approved by the
Minister.
13A Address for service of notices
(1) A person applying for a permit under section 10 or 10A or a
certificate under section 12 must specify, as the person’s address
for the purposes of this Part, an address in Australia.
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(2) A person who has specified an address, under subsection (1) or
through a previous application of this subsection, may, at any time,
give to the Minister a written notice specifying, as the person’s
address for the purposes of this Part, an address in Australia that is
different from the address last specified.
(3) The last address specified by a person under this section is taken to
be the person’s place of residence or business for the purpose of
serving notices on the person under this Part.
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Division 2—Imports
14 Unlawful imports
(1) Where:
(a) a protected object of a foreign country has been exported
from that country;
(b) the export was prohibited by a law of that country relating to
cultural property; and
(c) the object is imported;
the object is liable to forfeiture.
(2) Where a person imports an object, knowing that:
(a) the object is a protected object of a foreign country that has
been exported from that country; and
(b) the export was prohibited by a law of that country relating to
cultural property;
the person commits an offence.
Penalty:
(a) if the person is a natural person—imprisonment for a period
not exceeding 5 years or a fine not exceeding 1,000 penalty
units, or both; or
(b) if the person is a body corporate—a fine not exceeding 2,000
penalty units.
(3) This section does not apply in relation to the importation of an
object if:
(a) the importation takes place under an agreement between:
(i) the Commonwealth, a State, a Territory, a principal
collecting institution or an exhibition co-ordinator; and
(ii) any other person or body (including a government); and
(b) the agreement provides for the object to be loaned, for a
period not exceeding 2 years, to the Commonwealth, State,
Territory, principal collecting institution or exhibition
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co-ordinator, as the case may be, for the purpose of its public
exhibition within Australia.
(4) In subsection (3):
exhibition co-ordinator means a body that arranges for the
conducting in Australia of public exhibitions of objects from
collections outside Australia, and that achieves this by, from time
to time:
(a) entering into an agreement with a person or body (including a
government) for the importation of such objects on loan; and
(b) entering into an agreement with the Commonwealth, a State
or a Territory under which the Commonwealth, State or
Territory agrees to compensate the person or body referred to
in paragraph (a) for any loss of or damage to the objects
arising from, or connected with, the carrying out of the
agreement referred to in that paragraph or the public
exhibition of the objects in Australia.
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Part III—Administration
15 National Cultural Heritage Committee
There shall be a committee, to be known as the National Cultural
Heritage Committee.
16 Functions of Committee
The functions of the Committee are:
(a) to furnish advice to the Minister, either of its own motion or
on request made to it by the Minister:
(i) in relation to the operation of this Act;
(ii) in relation to objects that should be included in, or
removed from, the Control List;
(iii) in relation to the classification and re-classification of
objects so included; and
(iv) in relation to the operation of the National Cultural
Heritage Account;
(b) to furnish advice to the Minister pursuant to
subsections 10(4) and 10A(5);
(c) to establish and maintain the register referred to in
section 22; and
(d) to consult and co-operate with appropriate authorities of the
Commonwealth, of the States and of the Territories, and with
other organisations, associations and persons, on matters
related to its functions.
17 Constitution of Committee
(1) The Committee shall consist of:
(a) 4 persons, each of whom represents a different collecting
institution;
(b) a member of The Australian Vice-Chancellors’ Committee;
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(c) a nominee of the Minister administering the Aboriginal Land
Grant (Jervis Bay Territory) Act 1986; and
(d) 4 persons having experience relevant to the cultural heritage
of Australia.
(1A) The member referred to in paragraph (1)(c) must be:
(a) a person of the Aboriginal race of Australia; or
(b) a descendant of an indigenous inhabitant of the Torres Strait
Islands.
(2) A member of the Committee:
(a) shall be appointed by the Minister;
(b) holds office on a part-time basis;
(c) holds office for such period, not exceeding 4 years, as is
specified in the instrument of appointment; and
(d) is eligible for re-appointment.
(3) The Minister shall designate, in writing, one of the members to be
the Chairperson.
(6) For the purposes of this section, a person shall be taken to
represent a collecting institution if the person holds a senior
position in connection with the collecting functions of that
institution.
(7) In this section, collecting institution means:
(a) a public art gallery;
(b) a public museum;
(c) a public library; or
(d) public archives.
18 Removal and resignation
(1) The Minister may terminate the appointment of a member for
misbehaviour or physical or mental incapacity.
(2) The Minister may terminate the appointment of a member referred
to in paragraph 17(1)(c) on the request of the Minister
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administering the Aboriginal Land Grant (Jervis Bay Territory)
Act 1986.
(3) If a member fails, without reasonable excuse, to comply with
section 20, the Minister shall terminate the appointment of the
member.
(4) A member may resign the office of member by writing signed by
the member and delivered to the Minister.
19 Remuneration and allowances
(1) A member shall be paid such remuneration as is determined by the
Remuneration Tribunal.
(2) A member shall be paid such allowances as are prescribed.
(3) Subsections (1) and (2) have effect subject to the Remuneration
Tribunal Act 1973.
20 Disclosure of interests
(1) A member who has a direct or indirect pecuniary interest in a
matter being considered or about to be considered by the
Committee shall, as soon as possible after the relevant facts have
come to the knowledge of the member, disclose the nature of the
interest at a meeting of the Committee.
(2) A disclosure under subsection (1) shall be recorded in the minutes
of the meeting of the Committee and the member shall not, unless
the Minister or the Committee otherwise determines:
(a) be present during any deliberation of the Committee with
respect to that matter; or
(b) take part in any decision of the Committee with respect to
that matter.
(3) For the purpose of the making of a determination by the
Committee under subsection (2) in relation to a member who has
made a disclosure under subsection (1), a member who has a direct
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or indirect pecuniary interest in the matter to which the disclosure
relates shall not:
(a) be present during any deliberation of the Committee for the
purpose of making the determination; or
(b) take part in the making by the Committee of the
determination.
21 Meetings
(1) Meetings of the Committee shall be held at such times and places
as the Committee from time to time determines.
(2) The Chairperson may at any time convene a meeting.
(3) At a meeting, 5 members constitute a quorum.
(4) Subject to subsection (5), the Chairperson shall preside at all
meetings.
(5) If the Chairperson is absent from a meeting, the members present
shall elect one of their number to preside at the meeting.
(6) Questions arising at a meeting shall be determined by a majority of
the members present and voting.
(7) The member presiding at a meeting has a deliberative vote and, in
the event of an equality of votes, also has a casting vote.
21A Conduct of meetings
(1) The Committee may regulate the conduct of proceedings at its
meetings as it considers appropriate.
(2) Without limiting subsection (1), the Committee may permit
members to participate in, and form part of the quorum at, a
particular meeting, or at all meetings, of the Committee by any of
the following methods of communication:
(a) telephone;
(b) closed-circuit television;
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(c) any other method of communication determined by the
Committee.
(3) A member who is permitted to participate in a meeting under
subsection (2) is regarded as being present at that meeting.
21B Certain resolutions may be made without meetings
(1) If all the members of the Committee (other than any member to
whom subsection (3) applies) sign a document containing a
statement that they support a recommendation or report made, in
the terms set out in the document, in relation to an application
made under section 10 or 10A, a recommendation or report in
those terms is taken to have been adopted by a duly constituted
meeting of the Committee held on the day the document was
signed, or if the members sign the document on different days, on
the last of those days.
(2) For the purposes of subsection (1), 2 or more separate documents
containing statements in identical terms, each of which is signed by
one or more members, are together taken to constitute one
document containing a statement in those terms signed by those
members on the respective days on which they signed the separate
documents.
(3) A member must not sign a document containing a statement in
favour of the recommendation or report if it is in respect of a
matter in which the member would, for the purposes of section 20,
be taken to have a direct or indirect pecuniary interest.
(4) This section does not apply to a document that less than 5 members
of the Committee are eligible to sign.
22 Register of expert examiners
(1) The Committee shall, in accordance with the regulations, maintain
a register of the names of persons determined by the Committee to
be expert examiners for the purposes of this Act.
(2) In subsection (1), person includes:
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(a) a body or association of persons, whether incorporated or
not; and
(b) a person resident or domiciled outside Australia.
23 Expert examiners
It is the function of an expert examiner to give advice to the
Committee on a matter referred by the Committee.
24 Delegation
(1) The Minister may, either generally or as otherwise provided by the
instrument of delegation, by instrument in writing, delegate to:
(a) the person holding or performing the duties of the office of
Secretary of the Department; or
(b) an SES employee, or acting SES employee, in the
Department;
all or any of the Minister’s powers under this Act, other than this
power of delegation or a power conferred by section 17 or 18,
subsection 28(3), (4) or (5) or section 38 or 47.
(2) A power so delegated, when exercised by the delegate, shall, for
the purposes of this Act, be deemed to have been exercised by the
Minister.
(3) A delegation under this section does not prevent the exercise of a
power by the Minister.
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25 Establishment of National Cultural Heritage Account
(1) There is hereby established the National Cultural Heritage
Account.
(2) The Account is a special account for the purposes of the Public
Governance, Performance and Accountability Act 2013.
25A Credits to Account
There must be credited to the National Cultural Heritage Account:
(a) amounts equal to all money received from a State or
Territory, or from an authority of a State or Territory, for the
purposes of the Account; and
(b) amounts equal to all money received, whether by way of gift,
bequest or otherwise, for the purposes of the Account; and
(c) if amounts are debited from the Account for the purpose of
investment—amounts equal to the interest generated by the
investment.
Note: An Appropriation Act provides for amounts to be credited to a special
account if any of the purposes of the special account is a purpose that
is covered by an item in the Appropriation Act.
25B Purpose of Account
Amounts standing to the credit of the National Cultural Heritage
Account may be expended for the purpose of facilitating the
acquisition of Australian protected objects for display or
safe-keeping.
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26 Taxation
The income and transactions of the National Cultural Heritage
Account are not subject to taxation under any law of the
Commonwealth or of a State or Territory.
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27 Interpretation
(1) In this Part (except sections 35, 36, 37 and 38), forfeited includes
liable to forfeiture.
(2) Where, at a particular time, an object is delivered by an officer of
Customs to an inspector under section 203T of the Customs Act
1901 or voluntarily surrendered to an inspector by the owner or
person having possession, custody or control of the object, the
object shall, for the purposes of this Part, be taken to be seized
under this Act by the inspector at that time.
28 Inspectors
(1) The Minister may, by instrument in writing, appoint a person as an
inspector.
(2) By force of this subsection:
(a) a member or special member of the Australian Federal
Police; and
(b) a member of a police force of a State or Territory;
is an inspector.
(3) The Minister may make an arrangement with a Minister of a State
for and in relation to the exercise of powers, and the performance
of duties, of inspectors under this Act by officers of the State.
(4) An arrangement may contain such incidental or supplementary
provisions as the Minister and the Minister of the State think
necessary.
(5) The Minister may arrange with the Minister of a State with whom
an arrangement is in force for the variation or revocation of the
arrangement.
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(6) An arrangement, or the variation or revocation of an arrangement,
shall be in writing and a copy of each instrument by which an
arrangement has been made, varied or revoked shall be published
in the Gazette.
29 Identity cards
(1) The Minister may cause to be issued to an inspector, other than a
member of a police force, an identity card in a form approved by
the Minister by instrument in writing.
(2) A person who ceases to be an inspector shall forthwith return his or
her identity card to the Minister.
(3) A person who contravenes subsection (2) commits an offence
punishable on conviction by a fine not exceeding 1 penalty unit.
(4) Subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
30 Search warrants
(1) Where an information on oath is laid before a Magistrate alleging
that there are reasonable grounds for suspecting that there may be,
at that time or within the next following 24 hours, upon any land or
upon or in any premises, structure, vessel, aircraft or vehicle, a
thing or things of a particular kind that is or are forfeited or
connected with a particular offence against this Act, and the
information sets out those grounds, the Magistrate may issue a
search warrant authorising an inspector named in the warrant, with
such assistance as he or she thinks necessary and if necessary by
force:
(a) to enter upon the land or upon or into the premises, structure,
vessel, aircraft or vehicle;
(b) to search the land, premises, structure, vessel, aircraft or
vehicle for things of that kind; and
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(c) to seize any thing of that kind found there that he or she
believes on reasonable grounds to be forfeited or connected
with that offence.
(2) A Magistrate shall not issue a warrant under subsection (1) unless:
(a) the informant or some other person has given to the
Magistrate, either orally or by affidavit, such further
information (if any) as the Magistrate requires concerning the
grounds on which the issue of the warrant is being sought;
and
(b) the Magistrate is satisfied that there are reasonable grounds
for issuing the warrant.
(3) There shall be stated in a warrant issued under this section:
(a) a statement of the purpose for which the warrant is issued,
which shall include a reference to the nature of the forfeited
thing or things, or the offence, in relation to which the entry
and search are authorised;
(b) whether entry is authorised to be made at any time of the day
or night or during specified hours of the day or night;
(c) a description of the kind of things authorised to be seized;
and
(d) a date, not being later than one month after the date of issue
of the warrant, upon which the warrant ceases to have effect.
(4) If, in the course of searching, in accordance with a warrant issued
under this section, for things that are forfeited or connected with a
particular offence, being things of a kind specified in the warrant,
an inspector finds any thing that he or she believes on reasonable
grounds to be forfeited or connected with the offence, although not
of a kind specified in the warrant, or to be connected with another
offence against this Act, and he or she believes on reasonable
grounds that there is a compelling need for the immediate seizure
of the thing in order to prevent its exportation, importation,
concealment, loss or destruction, or its use in committing,
continuing or repeating the offence or in committing the other
offence, the inspector may seize that thing.
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(5) For the purposes of this section, a thing is connected with a
particular offence if it is:
(a) a thing in respect of which the offence was committed;
(b) a thing that will afford evidence of the offence; or
(c) a thing that was used, or is intended to be used, for the
purpose of the offence.
(6) A reference in this section to an offence includes a reference to an
offence that there are reasonable grounds for believing has been, or
will be, committed.
31 Search warrants granted by telephone
(1) Where, by reason of circumstances of urgency, an inspector
considers it necessary to do so, the inspector may make application
for a search warrant to a Magistrate, by telephone, in accordance
with this section.
(2) Before so making application, an inspector shall prepare an
information of a kind referred to in subsection 30(1) that sets out
the grounds on which the issue of the warrant is being sought, but
may, if it is necessary to do so, make the application before the
information has been sworn.
(3) Where a Magistrate is, upon application made under
subsection (1), satisfied:
(a) after having considered the terms of the information prepared
in accordance with subsection (1); and
(b) after having received such further information (if any) as the
Magistrate requires concerning the grounds on which the
issue of the warrant is being sought;
that there are reasonable grounds for issuing the warrant, the
Magistrate shall complete and sign such a search warrant as the
Magistrate would issue under section 30 if the application had been
made to the Magistrate in accordance with that section.
(4) Where a Magistrate signs a warrant under subsection (3):
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(a) the Magistrate shall inform the inspector of the terms of the
warrant and the date on which and the time at which it was
signed, and record on the warrant the reasons for granting the
warrant; and
(b) the inspector shall complete a form of warrant in the terms
furnished by the Magistrate and write on it the name of the
Magistrate and the date on which and the time at which the
warrant was signed.
(5) Where an inspector completes a form of warrant in accordance
with subsection (4), the inspector shall, not later than the day next
following the date of expiry of the warrant, forward to the
Magistrate who signed the warrant the form of warrant completed
by the inspector and the information duly sworn in connection with
the warrant.
(6) Upon receipt of the documents referred to in subsection (5), the
Magistrate shall attach to them the warrant signed by the
Magistrate and deal with the documents in the manner in which the
Magistrate would have dealt with the information if the application
for the warrant had been made in accordance with section 30.
(7) A form of warrant duly completed by an inspector in accordance
with subsection (4) is, if it is in accordance with the terms of the
warrant signed by the Magistrate, authority for any search, entry or
seizure that the warrant so signed authorises.
(8) Where it is material, in any proceedings, for a court to be satisfied
that a search, entry or seizure was authorised in accordance with
this section, and the warrant signed by a Magistrate in accordance
with this section authorising the search, entry or seizure is not
produced in evidence, the court shall assume, unless the contrary is
proved, that the search, entry or seizure was not authorised by such
a warrant.
32 Searches in emergencies
(1) An inspector may:
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(a) search a person, or the clothing that is being worn by, and
property in the immediate control of, a person, suspected by
the inspector to be carrying any thing that is forfeited or
connected with an offence against this Act; or
(b) enter upon any land, or upon or into any premises, structure,
vessel, aircraft or vehicle, on or in which the inspector
believes on reasonable grounds that any thing forfeited or
connected with an offence against this Act is situated;
and may seize any such thing found in the course of that search, or
upon the land or in the premises, structure, vessel, aircraft or
vehicle, as the case may be, if:
(c) the inspector believes on reasonable grounds that it is
necessary to do so in order to prevent the exportation or
importation of that thing or the concealment, loss or
destruction of any thing forfeited or connected with an
offence against this Act; and
(d) the search or entry is made in circumstances of such
seriousness and urgency as to require and justify immediate
search or entry without the authority or an order of a court or
of a warrant issued under this Act.
(2) An inspector may stop a person, vessel, aircraft or vehicle for the
purposes of subsection (1).
(3) Subsections 30(5) and (6) apply in relation to this section as they
apply in relation to section 30.
33 Powers of arrest
(1) An inspector may, without warrant, arrest any person if the
inspector believes on reasonable grounds:
(a) that the person is committing or has committed an offence
against this Act; and
(b) that proceedings against the person by summons would not
be effective.
(2) Where a person is arrested under subsection (1), an inspector shall
forthwith bring the person, or cause the person to be brought,
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before a Magistrate or other proper authority to be dealt with in
accordance with law.
(3) Without limiting the generality of the meaning of any expression in
subsection (1), where:
(a) an inspector requests a person whom the inspector finds
committing, or whom the inspector believes on reasonable
grounds to have committed, an offence against this Act,
being a person whose full name or usual place of residence
are unknown to the inspector, to state his or her full name or
usual place of residence, as the case may be; and
(b) the person:
(i) refuses or fails to comply with the request; or
(ii) whether or not in compliance, or purported compliance,
with the request, states as his or her full name or usual
place of residence a name or a place, as the case may be,
that the inspector believes on reasonable grounds to be
false or misleading in a material particular;
the inspector shall be taken, for the purposes of paragraph (1)(b), to
have reasonable grounds for believing that proceedings against the
person by summons in respect of the offence will not be effective.
(4) Nothing in this section prevents the arrest of a person in
accordance with any other law.
34 Seizure of protected objects
An inspector may seize a protected object that the inspector
believes on reasonable grounds to be forfeited.
35 Power of retention
(1) A thing seized under this Act may be retained:
(a) in the case of a protected object seized on the grounds that it
is forfeited by virtue of subsection 9(1)—until a court orders
the return of the object or the object is disposed of under
section 38;
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(b) in the case of any other protected object—until a court orders
the return of the object or the object is forfeited; or
(c) in the case of any other thing—until the end of the period of
60 days after the seizure or, if proceedings involving the
thing are instituted within that period, until those proceedings
(including any appeal to a court in relation to those
proceedings) are terminated.
(2) The Minister may, by instrument in writing, authorise any thing
seized under this Act (other than a protected object that is
forfeited) to be released to the owner, or the person who had the
possession, custody or control of the thing immediately before it
was seized, and thereupon sections 36 and 37 do not apply, or
cease to apply, as the case requires, in relation to the thing.
36 Notice of seizure
(1) In this section, appropriate person means the Minister or a person
designated by the Minister in writing for the purposes of this
section.
(2) Subject to this section, as soon as practicable after a protected
object has been seized by an inspector under this Act, the inspector
shall serve on the owner, or the person who had the possession,
custody or control of the object immediately before it was seized, a
notice in writing:
(a) identifying the object and the date of the seizure;
(b) setting out the reasons for the seizure;
(c) setting out the terms of the provisions of subsection 37(1);
and
(d) where subsection (5) applies—setting out the terms of the
provisions of that subsection and specifying, and setting out
the address of, an appropriate person and stating that any
notice under that subsection is to be given to that person.
(3) An inspector is not required to serve a notice under subsection (2)
if, after making such inquiries as the inspector thinks appropriate,
the inspector does not have sufficient information to do so.
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(4) Where:
(a) a notice under subsection (2) has not been served in respect
of an object seized by an inspector under this Act; and
(b) within 30 days after the day on which the object was seized,
a person who claims to be a person entitled to be served with
such a notice gives an appropriate person sufficient
information, in writing, to enable the notice to be served;
the appropriate person shall forthwith convey that information to
the inspector.
(5) Where a protected object has been seized on the grounds that it is
liable to forfeiture by virtue of subsection 9(2) or 14(1) and a
notice under subsection (2) is served in respect of the object, the
object is forfeited unless, within 30 days after the service of the
notice, the owner, or the person who had possession, custody or
control of the object immediately before it was seized:
(a) gives notice, in writing, to the appropriate person specified in
the notice under subsection (2) claiming the object; or
(b) brings an action for recovery of the object.
(6) Where, at the end of the period of 30 days after the day on which a
protected object was seized under this Act:
(a) a notice has not been served in respect of the object under
subsection (2); and
(b) a person claiming to be a person entitled to be served with
such a notice has not given an appropriate person sufficient
information to enable the notice to be served;
the object is forfeited.
(7) Where notice is given under subsection (5) to the appropriate
person, the appropriate person shall serve on the person who gave
the notice a notice, in writing, setting out the terms of the
provisions of subsection (8).
(8) Where:
(a) a notice is given to a person under subsection (7) in relation
to an object; and
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(b) the person does not, within 4 months after the service of the
notice, bring an action for recovery of the object;
the object is forfeited.
37 Court proceedings
(1) Where:
(a) a protected object has been seized under this Act; and
(b) the object is not forfeited by section 36 or by or under this
section;
the owner, or the person who had the possession, custody or
control of the object immediately before it was seized, may bring
an action against the Commonwealth in a court of competent
jurisdiction for the recovery of the object on the ground that the
object is not forfeited or liable to be forfeited.
(2) Where:
(a) a protected object has been seized on the grounds that it is
liable to forfeiture by virtue of subsection 9(2) or 14(1);
(b) a person brings an action for recovery of the object; and
(c) the person discontinues the action;
the object is forfeited.
(3) Where an action is brought for recovery of a protected object, the
court shall determine, on a balance of probabilities, whether:
(a) the object is forfeited by virtue of subsection 9(1); or
(b) the object is liable to forfeiture by virtue of subsection 9(2)
or 14(1);
and the court:
(c) where paragraph (a) applies—shall reject the claim for
recovery;
(d) where paragraph (b) applies—shall order that the object is
forfeited; or
(e) in any other case—may order the return of the object.
(4) Where a person is convicted of attempting to export a protected
object in contravention of subsection 9(3) or of an offence against
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subsection 14(2) in relation to a protected object, the court shall
order that the object is forfeited.
38 Result of forfeiture
Where a protected object is forfeited by or under this Act:
(a) all title and interest in the object is vested in the
Commonwealth without further proceedings;
(b) the object shall be dealt with and disposed of in accordance
with the directions of the Minister; and
(c) any costs incurred by the Commonwealth in transporting or
disposing of the object are a debt due to the Commonwealth
by the person who was the owner of the object immediately
before it was forfeited and may be recovered by the
Commonwealth in a court of competent jurisdiction.
39 Production of permit
(1) An inspector may require any person whom the inspector suspects
on reasonable grounds of intending to export, of exporting, or of
having exported, an Australian protected object to produce a permit
or certificate authorising the export or to produce evidence of the
existence and contents of such a permit or certificate.
(2) A person who fails to comply with a requirement made under
subsection (1) commits an offence punishable on conviction by a
fine not exceeding 10 penalty units.
(3) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to the matter in
subsection (3) (see subsection 13.3(3) of the Criminal Code).
(4) Subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
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40 Proof of authority
An inspector (other than a member of a police force who is in
uniform) is not entitled to exercise any powers under section 32,
33, 34, 39 or 43 in relation to a person unless:
(a) if the inspector is a member of a police force—the inspector
produces, for inspection by the person, written evidence of
the fact that the inspector is a member of that police force; or
(b) in any other case—the inspector produces his or her identity
card for inspection by the person.
41 Foreign country to request return of objects
(1) A power conferred by this Part shall not be exercised by an
inspector in relation to a protected object of a foreign country
unless the inspector believes on reasonable grounds that the
Commonwealth has received from the Government of the country
a request for the return of the object.
(2) Proceedings for a contravention of section 14 in relation to a
protected object of a foreign country shall not be instituted unless
the Commonwealth has received from the Government of the
country a request for the return of the object.
(3) In any proceedings, the mere production of a document purporting
to be signed by the Secretary of the Department and stating that the
Commonwealth has received a request from the Government of a
specified foreign country for the return of a specified protected
object is prima facie evidence of the facts stated.
43 Assistance of inspectors
An inspector exercising or proposing to exercise powers pursuant
to this Part in relation to property, being any premises, structure,
vessel, aircraft or vehicle, may require the owner or person in
charge of the property to provide reasonable assistance to the
inspector in the exercise of those powers in relation to the property,
and the person shall comply with the request.
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Penalty: Imprisonment for 12 months or 20 penalty units, or both.
46 Indictable offences
(1) An offence against subsection 9(3), 9(3A) or 14(2) is an indictable
offence.
(2) An offence against section 43 is punishable on summary
conviction.
(3) Notwithstanding that an offence referred to in subsection (1) is an
indictable offence, a court of summary jurisdiction may hear and
determine proceedings in respect of the offence if the court is
satisfied that it is proper to do so and the defendant and the
prosecutor consent.
(4) If, in accordance with subsection (3), a court of summary
jurisdiction convicts a person of an offence referred to in
subsection (1), the penalty that the court may impose is:
(a) if the person is an individual—a fine not exceeding 50
penalty units or imprisonment for a period not exceeding 2
years, or both; or
(b) if the person is a body corporate—a fine not exceeding 200
penalty units.
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47 Annual report
(1) The Minister shall, as soon as practicable after 30 June in each
year, cause to be prepared a report on the working of this Act
during the year that ended on that 30 June.
(2) The Minister must cause a copy of the report to be laid before each
House of the Parliament within 15 sitting days of that House after
the Minister receives it.
48 Administrative Appeals Tribunal
(1) Application may be made to the Administrative Appeals Tribunal
for review of:
(a) a decision by the Minister to refuse to grant a permit or
certificate;
(b) a decision by the Minister to impose a condition under
paragraph 10(5)(a), 10A(7)(b) or 12(3)(a); or
(c) a decision by the Minister under subsection 11(2), 12(5) or
13(1).
(2) Where a person is notified of a decision referred to in
subsection (1), the Minister shall cause to be served on the person a
notice stating that, subject to the Administrative Appeals Tribunal
Act 1975, application may be made to the Administrative Appeals
Tribunal for review of the decision.
(3) A failure to comply with subsection (2) in relation to a decision
does not affect the validity of the decision.
49 Regulations
The Governor-General may make regulations, not inconsistent with
this Act, prescribing matters:
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Miscellaneous Part VI
Section 49
Protection of Movable Cultural Heritage Act 1986 37
Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
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Endnotes
Endnote 1—About the endnotes
38 Protection of Movable Cultural Heritage Act 1986
Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
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Endnotes
Endnote 1—About the endnotes
Protection of Movable Cultural Heritage Act 1986 39
Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16
be given effect as intended, the amendment is incorporated into the compiled
law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
abbreviation “(md not incorp)” is added to the details of the amendment
included in the amendment history.
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Endnotes
Endnote 2—Abbreviation key
40 Protection of Movable Cultural Heritage Act 1986
Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16
Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced
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Endnotes
Endnote 3—Legislation history
Protection of Movable Cultural Heritage Act 1986 41
Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16
Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Protection of Movable
Cultural Heritage Act
1986
11, 1986 13 May
1986
1 July 1987 (see Gazette
1987, No. S138)
Postal Services
Amendment Act 1988
126, 1988 14 Dec
1988
ss. 4, 5, 9–11, 21(2) and
22(1): 1 Jan 1989 (see
Gazette 1988, No. S402)
ss. 12, 21(3) and 22(2):
30 June 1989 (see
Gazette 1989, No. S216)
Remainder: Royal
Assent
—
Arts, Environment,
Tourism and Territories
Legislation Amendment
Act 1990
88, 1990 20 Nov
1990
Part 7 (ss. 14–23): Royal
Assent (a)
—
Arts, Sport,
Environment, Tourism
and Territories
Legislation Amendment
Act (No. 2) 1991
179, 1991 25 Nov
1991
25 Nov 1991 —
Arts, Sport, Environment
and Territories
Legislation Amendment
Act 1992
21, 1992 10 Apr
1992
8 May 1992 —
Statute Law Revision
Act 1996
43, 1996 25 Oct
1996
Schedule 4 (item 123):
Royal Assent (b)
—
Protection of Movable
Cultural Heritage
Amendment Act 1999
101, 1999 16 July
1999
16 July 1999 Sch. 1 (item 9)
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Endnotes
Endnote 3—Legislation history
42 Protection of Movable Cultural Heritage Act 1986
Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Public Employment
(Consequential and
Transitional)
Amendment Act 1999
146, 1999 11 Nov
1999
Sch 1 (item 752): 5 Dec
1999 (s 2(1), (2))
—
Criminal Code
Amendment (Theft,
Fraud, Bribery and
Related Offences) Act
2000
137, 2000 24 Nov
2000
Sch 2 (items 329–334,
418, 419): 24 May 2001
(s 2(3))
Sch 2 (items 418,
419)
Communications and the
Arts Legislation
Amendment
(Application of Criminal
Code) Act 2001
5, 2001 20 Mar
2001
s 4 and Sch 1 (items 40–
49): 24 May 2001 (s
2(1)(a))
s 4
Financial Framework
Legislation Amendment
Act 2005
8, 2005 22 Feb
2005
s 4 and Sch 1 (items 313,
314, 496): 22 Feb 2005
(s 2(1) items 1, 2, 10)
s 4 and Sch 1
(item 496)
Statute Law Revision
Act 2011
5, 2011 22 Mar
2011
Sch 7 (items 113, 114):
19 Apr 2011 (s 2(1)
item 18)
—
Acts Interpretation
Amendment Act 2011
46, 2011 27 June
2011
Sch 2 (items 937, 938)
and Sch 3 (items 10, 11):
27 Dec 2011 (s 2(1)
items 7, 12)
Sch 3 (items 10,
11)
Statute Law Revision
Act 2012
136, 2012 22 Sept
2012
Sch 1 (item 108): 22
Sept 2012 (s 2(1) item 2)
—
Statute Law Revision
Act (No. 1) 2014
31, 2014 27 May
2014
Sch 3 (items 2, 3) and
Sch 7 (item 8): 24 June
2014 (s 2(1) item 9)
—
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Endnotes
Endnote 3—Legislation history
Protection of Movable Cultural Heritage Act 1986 43
Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Public Governance,
Performance and
Accountability
(Consequential and
Transitional Provisions)
Act 2014
62, 2014 30 June
2014
Sch 11 (items 79–81)
and Sch 14: 1 July 2014
(s 2(1) items 6, 14)
Sch 14
as amended by
Public Governance
and Resources
Legislation
Amendment Act
(No. 1) 2015
36, 2015 13 Apr
2015
Sch 2 (items 7–9) and
Sch 7: 14 Apr 2015 (s 2)
Sch 7
as amended by
Acts and
Instruments
(Framework
Reform)
(Consequential
Provisions) Act
2015
126, 2015 10 Sept
2015
Sch 1 (item 486): 5 Mar
2016 (s 2(1) item 2)
—
Acts and Instruments
(Framework Reform)
(Consequential
Provisions) Act 2015
126, 2015 10 Sept
2015
Sch 1 (item 495): 5 Mar
2016 (s 2(1) item 2)
—
Customs and Other
Legislation Amendment
(Australian Border
Force) Act 2015
41, 2015 20 May
2015
Sch 5 (items 147, 148)
and Sch 9: 1 July 2015 (s
2(1) items 2, 7)
Sch 9
Norfolk Island
Legislation Amendment
Act 2015
59, 2015 26 May
2015
Sch 2 (item 314): 1 July
2016 (s 2(1) item 5)
Sch 2 (items 356–396):
18 June 2015 (s 2(1)
item 6)
Sch 2 (items 356–
396)
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Endnotes
Endnote 3—Legislation history
44 Protection of Movable Cultural Heritage Act 1986
Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
as amended by
Territories Legislation
Amendment Act 2016
33, 2016 23 Mar
2016
Sch 2: 24 Mar 2016
(s 2(1) item 2)
—
Civil Law and Justice
Legislation Amendment
Act 2015
113, 2015 17 Aug
2015
Sch 6: 18 Aug 2015
(s 2(1) item 2)
—
Statute Law Revision
Act (No. 2) 2015
145, 2015 12 Nov
2015
Sch 3 (item 29): 10 Dec
2015 (s 2(1) item 7)
—
Statute Law Revision
Act (No. 1) 2016
4, 2016 11 Feb
2016
Sch 4 (items 1, 249): 10
Mar 2016 (s 2(1) item 6)
—
Territories Legislation
Amendment Act 2016
33, 2016 23 Mar
2016
Sch 5 (items 82, 83):
1 July 2016 (s 2(1)
item 7)
—
Statute Update Act 2016 61, 2016 23 Sept
2016
Sch 1 (items 390–394):
21 Oct 2016 (s 2(1)
item 1)
—
(a) The Protection of Movable Cultural Heritage Act 1986 was amended by
Part 7 (sections 14–23) only of the Arts, Environment, Tourism and
Territories Legislation Amendment Act 1990, subsection 2(1) of which
provides as follows:
(1) Parts 1, 4, 5, 6, 7 and 8 commence on the day on which this Act receives
the Royal Assent.
(b) The Protection of Movable Cultural Heritage Act 1986 was amended by
Schedule 4 (item 123) only of the Statute Law Revision Act 1996,
subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on
which it receives the Royal Assent.
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Endnotes
Endnote 4—Amendment history
Protection of Movable Cultural Heritage Act 1986 45
Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16
Endnote 4—Amendment history
Provision affected How affected
Part I
s 3 .................................................. am No 88, 1990; No 101, 1999; No 137, 2000; No 5, 2001; No 46,
2011; No 41, 2015; No 33, 2016
s 4 .................................................. rs No 145, 2015
am No 59, 2015 (amdt never applied (Sch 2 item 314))
s 6 .................................................. am No 33, 2016
s 6A ............................................... ad No 5, 2001
Part II
Division 1
s 9 .................................................. am No 126, 1988; No 5, 2001; No 4, 2016
s 10 ................................................ am No 88, 1990
s 10A ............................................. ad No 88, 1990
s 11 ................................................ am No 88, 1990
s 13A ............................................. ad No 88, 1990
Division 2
s 14 ................................................ am No 88, 1990; No 4, 2016; No 61, 2016
Part III
s 16 ................................................ am No 88, 1990; No 101, 1999
s 17 ................................................ am No 88, 1990; No 31, 2014; No 113, 2015
s 18 ................................................ am No 31, 2014
s 19 ................................................ am No 43, 1996
s 21A ............................................. ad No 179, 1991
s 21B ............................................. ad No 21, 1992
s 24 ................................................ am No 146, 1999; No 5, 2011
Part IV
Part IV heading.............................. rs No 101, 1999
s 25 ................................................ rs No 101, 1999
am No 62, 2014
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Endnotes
Endnote 4—Amendment history
46 Protection of Movable Cultural Heritage Act 1986
Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16
Provision affected How affected
s 25A ............................................. ad No 101, 1999
am No 8, 2005; No 62, 2014
s 25B ............................................. ad No 101, 1999
s 26 ................................................ am No 101, 1999
Part V
s 27 ................................................ am No 136, 2012; No 41, 2015
s 29 ................................................ am No 5, 2001; No 4, 2016; No 61, 2016
s 39 ................................................ am No 5, 2001; No 4, 2016; No 61, 2016
s 41 ................................................ am No 5, 2011
s 42 ................................................ rep No 5, 2001
s 43 ................................................ am No 61, 2016
s 44 ................................................ rep No 137, 2000
s 45 ................................................ rep No 137, 2000
s 46 ................................................ am No 137, 2000; No 5, 2001
Part VI
s 47 ................................................ am No 101, 1999
s 48 ................................................ am No 88, 1990
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