Protection of Movable Cultural Heritage Amendment Act 1999

Overview

The Protection of Movable Cultural Heritage Amendment Act 1999 was enacted by the Parliament of Australia to address certain deficiencies and update provisions within the Protection of Movable Cultural Heritage Act 1986. This legislation aims to enhance the management and protection of Australia’s movable cultural heritage by establishing the National Cultural Heritage Account. This account serves as a dedicated financial resource for the acquisition of Australian protected objects for display or safekeeping. The Act also includes amendments to streamline financial reporting processes and ensures that the account functions as a Special Account under the Financial Management and Accountability Act 1997. By doing so, the Act seeks to bolster the preservation and accessibility of significant cultural artefacts within Australia.

Scope and Application

The Protection of Movable Cultural Heritage Amendment Act 1999 amends the Protection of Movable Cultural Heritage Act 1986 to establish the National Cultural Heritage Account, which replaces the previously defined Fund. This amendment applies to the federal government and its departments, specifically the Department responsible for the protection of movable cultural heritage, and encompasses any entities involved in transactions related to the acquisition and safekeeping of Australian protected objects. The geographic reach of this Act is national, as it pertains to the Commonwealth of Australia. The Act does not specify any exclusions, exemptions, or thresholds, but it is understood that the application and enforcement of the Act may be extended or restricted through subordinate instruments. The Act commences on the date it receives Royal Assent or on 1 July 1999, whichever is later, and the amendments apply to the financial year commencing on 1 July 1999 and each subsequent financial year.

Key Provisions

The Protection of Movable Cultural Heritage Amendment Act 1999 (No. 101, 1999) makes specific amendments to the Protection of Movable Cultural Heritage Act 1986. Section 1 of the Amendment Act repeals the definition of "Fund" under the original Act and replaces it with the "National Cultural Heritage Account," as specified in section 2 of the Amendment Act. Section 3 further amends the original Act by replacing references to the Fund with the National Cultural Heritage Account in subparagraph 16(a)(iv). Additionally, section 4 changes the heading of Part IV of the original Act to "National Cultural Heritage Account," thereby reflecting the newly established account. Section 25 of the Amendment Act establishes the National Cultural Heritage Account as a Special Account under the Financial Management and Accountability Act 1997. Section 25A outlines the sources of funding for the Account, including appropriations by the Parliament, receipts from states and territories, gifts, bequests, and interest generated from investments. Section 25B specifies that funds in the Account can be used to acquire Australian protected objects for display or safekeeping. Under the amended Act, section 26(1) replaces references to the Fund with the National Cultural Heritage Account. Section 47(1) alters the reporting period for the Minister's annual report from the end of the financial year to 30 June. Additionally, subsections 47(2) and (47)(3) are repealed and replaced with a requirement for the Minister to lay the report before each House of Parliament within 15 sitting days of receiving it. Finally, section 9 stipulates that the amendments concerning the National Cultural Heritage Account apply to the financial year commencing on 1 July 1999 and each subsequent financial year, regardless of the Act's commencement date. The Amendment Act imposes several obligations on parties and entities governed by the Act. Firstly, the Minister must ensure that the National Cultural Heritage Account is established and that all prescribed funding sources are credited to the Account. Secondly, the Minister is required to lay an annual report before each House of Parliament within 15 sitting days of receiving it. Thirdly, any party or entity receiving funds from the Account must use them solely for the purpose of acquiring Australian protected objects for display or safekeeping. The Amendment Act does not explicitly outline specific offences, penalties, or consequences for breaches of the Act. However, given that the National Cultural Heritage Account is a Special Account under the Financial Management and Accountability Act 1997, breaches of the provisions related to the management and use of the Account could potentially result in civil or criminal penalties under that Act. The Financial Management and Accountability Act 1997 provides for a range of penalties, including fines and imprisonment, depending on the nature and severity of the breach.