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Основной(ые) текст(ы) Основной(ые) текст(ы) Английский Protection of Movable Cultural Heritage Act 1986 (consolidated as of October 21, 2016)        
 Protection of Movable Cultural Heritage Act 1986 (consolidated as of October 21, 2016)

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If a provision of the compiled law has been repealed in accordance with a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

Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16

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

Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16

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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Section 3

2 Protection of Movable Cultural Heritage Act 1986

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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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Section 3

Protection of Movable Cultural Heritage Act 1986 3

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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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4 Protection of Movable Cultural Heritage Act 1986

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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

Protection of Movable Cultural Heritage Act 1986 5

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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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Section 8

6 Protection of Movable Cultural Heritage Act 1986

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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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Section 10

8 Protection of Movable Cultural Heritage Act 1986

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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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Section 11

10 Protection of Movable Cultural Heritage Act 1986

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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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Protection of Movable Cultural Heritage Act 1986 11

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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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Imports Division 2

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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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Section 15

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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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Section 25

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Part IV—National Cultural Heritage Account

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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Part V—Enforcement of Act

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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Section 37

32 Protection of Movable Cultural Heritage Act 1986

Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16

(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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Section 38

Protection of Movable Cultural Heritage Act 1986 33

Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16

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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Section 40

34 Protection of Movable Cultural Heritage Act 1986

Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16

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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Section 46

Protection of Movable Cultural Heritage Act 1986 35

Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16

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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Part VI Miscellaneous

Section 47

36 Protection of Movable Cultural Heritage Act 1986

Compilation No. 18 Compilation date: 21/10/16 Registered: 7/11/16

Part VI—Miscellaneous

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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