Protection of Movable Cultural Heritage Amendment Regulations 2001 (No. 1)

Administered by Department of the Environment and Energy

Legislation au F2001B00254 Regulations Not in force Legislative Instrument

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Protection of Movable Cultural Heritage Amendment Regulations 2001 (No. 1) 2001 No. 173

EXPLANATORY STATEMENT

Statutory Rules 2001 No. 173

Issued with the Authority of the Minister for the Arts and the Centenary of Federation

Protection of Movable Cultural Heritage Act 1986

Protection of Movable Cultural Heritage Amendment Regulations 2001 (No. 1)

The Protection of Movable Cultural Heritage Act 1986 (the Act) regulates the export of objects which are identified as part of Australia's movable cultural heritage. Subsection 7(1) of the Act provides that Australia's movable cultural heritage consists of objects of importance to Australia for ethnological, archaeological, historical, literary, artistic, scientific or technological reasons, that fall within certain specified categories.

Section 49 of the Act provides that the Governor-General may make regulations for the purpose of the Act.

Subsection 8(1) of the Act provides that the regulations shall prescribe a list, the National Cultural Heritage Control List (the Control List), of categories of objects that constitute the movable cultural heritage of Australia and are to be subject to export control. Regulation 4 of the Protection of Movable Cultural Heritage Regulations 1987 (the PMCH Regulations) provides that the list of objects that constitute Australia's movable cultural heritage is set out in Schedule 1 of the PMCH Regulations.

Subsection 8(2) of the Act provides that the Control List shall divide the objects into Class A objects, which are not to be exported otherwise than in accordance with a certificate, and Class B objects, which are not to be exported otherwise than in accordance with a permit or certificate.

The Regulations add a new category of Class A objects to the Control List. The new category consists of all pieces of the suit of metal armour worn by Ned Kelly during the siege at Glenrowan in Victoria in 1880.

Subsection 9(1) of the Act provides that an Australian protected object is forfeited if it is exported otherwise than in accordance with a permit or a certificate. ("Australian protected object" is defined in subsection 3(1) to mean a Class A object or a Class B object.)

A certificate under subsection 12(1) of the Act may authorise the export of a Class A or Class B object which. a person intends to import into Australia temporarily and subsequently export. A permit under subsection 10(1) or 10A(1) of the Act may authorise the export of a Class B object which is already in Australia.

In January 2001, an application was lodged under subsection 10(1) of the Act for an export pen-nit for a shoulder piece from the armour. On 10 May 2001 the Minister for the Arts and the Centenary of Federation refused an export permit for the piece under subsection 10(5) of the Act. The Minister's decision was made on the basis that the piece is a Class B object covered by Part 9 of the Control List (ie objects of historical significance), the export of which would significantly diminish Australia's cultural heritage (see subsection 10(6) of the Act).

All other remaining pieces of Kelly's armour are held in Victorian public collections. The shoulder piece is the only piece in private hands. It is being offered for sale by its current owner through Christies Australia, who intend to auction the piece on 10 July 2001. There is overseas interest in the sale.

The Regulations commence on gazettal. Accordingly, all pieces of Kelly's armour, including the shoulder piece for which a permit has been refused, will become Class A objects from the date of gazettal.

Details of the Regulations are set out in the Attachment.

ATTACHMENT

DETAILS OF THE REGULATIONS

Regulation 1 - Name of Regulations

Regulation 1 provides that the name of the Regulations is the Protection of Movable Cultural Heritage Amendment Regulations 2001 (No. 1).

Regulation 2 - Commencement

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 - Amendment of Protection of Movable Cultural Heritage Regulations 1987

Regulation 3 provides that Schedule 1 of the Regulations amends the PMCH Regulations. Schedule 1 of the PMCH Regulations sets out the Control List.

SCHEDULE 1 - AMENDMENTS

Item 1 - Schedule 1, item 9.2

Items 9.2 and 9.3 of the Control List currently provide as follows:

9.2       An object is in this category if it:

(a)       is an object of the kind mentioned in item 9.3; and

(b)       is associated with a person, activity, event, place or business enterprise, notable in Australian history; and

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

9.3       Objects in this category are Class B objects for the Act, and include:

(a)       objects of heraldry; and

(b)       objects relating to Australian military history; and

(c)       objects relating to domestic life, including buildings, fixtures and decorations, equipment and furniture, costumes and textiles and personal effects; and

(d)       objects relating to work life, including specialised trades and labour material, trade unionism, company activity and corporate identity, trade and commerce; and

(e)       objects relating to courts and tribunals, law enforcement including the police, lawbreakers, convicts and prison life; and

(f)       objects relating to education; and

(g)       objects relating to health and medicine; and

(h)       objects relating to arts and crafts; and

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

(j)       objects relating to politics; and

(k)       objects relating to exploration; and

(1)       objects relating to migration; and

(m)       objects relating to community activities; and

(n)       objects relating to religion.

Note A Class B object can be exported from Australia if a permit or certificate is granted under the Act in relation to the object.

The amendment to item 9.2 of the Control List made by this item is consequential on new item 9.2A of the Control List, inserted by item 2 below.

The effect of this amendment is that the criteria currently in paragraphs 9.2(b), (c) and (d) of the Control List do not apply to the new category of objects in item 9.2A of the Control List.

Item 2 - Schedule 1, after item 9.2

Item 2 inserts new item 9.2A in the Control List, to add a new category of objects to Part 9 of the Control List. The new category consists of all pieces of the suit of metal armour worn by Ned Kelly at the siege of Glenrowan in Victoria in 1880.

Item 3 - Schedule 1, item 9.3

All objects currently in Part 9 of the Control List are Class B objects. The amendment to item 9.3 of the Control List made by this item ensures that the objects added to the Control List by these Regulations as item 9.2A are Class A objects.

 

Overview

The Protection of Movable Cultural Heritage Amendment Regulations 2001 (No. 1) were enacted to address a specific gap in the regulation of the export of Australia's movable cultural heritage. These Regulations, issued under the authority of the Minister for the Arts and the Centenary of Federation, amend the Protection of Movable Cultural Heritage Regulations 1987, which implement the Protection of Movable Cultural Heritage Act 1986. The primary objective of the Regulations is to update the National Cultural Heritage Control List by adding a new category of Class A objects, which are subject to stricter export controls compared to Class B objects. Specifically, these Regulations introduce a new category that includes all pieces of the suit of metal armour worn by Ned Kelly during the siege at Glenrowan in 1880, recognising the historical significance of these objects and their importance to Australia's cultural heritage. These Regulations were enacted in response to a specific event: an application for an export permit for a shoulder piece from Ned Kelly's armour, which was refused by the Minister on the grounds that its export would significantly diminish Australia's cultural heritage. By adding this armour to the Control List as a Class A object, the Regulations ensure that all pieces of the armour are subject to strict export controls, thereby preventing their removal from the country and preserving this significant part of Australian history for future generations. The Regulations commenced upon gazettal, ensuring immediate effect and compliance with the updated regulatory framework.

Scope and Application

The Protection of Movable Cultural Heritage Amendment Regulations 2001 (No. 1) pertain to the regulation of the export of objects identified as part of Australia's movable cultural heritage, as governed by the Protection of Movable Cultural Heritage Act 1986. These regulations specifically address the classification and control of movable cultural heritage objects, establishing a National Cultural Heritage Control List that categorises objects into Class A and Class B based on their significance and export restrictions. The Act applies to any person or entity involved in the export of these culturally significant objects, with a particular focus on objects of ethnological, archaeological, historical, literary, artistic, scientific or technological importance to Australia. The geographic reach of this legislation is national, as it pertains to the entirety of Australian territory. The Act includes provisions for certificates and permits governing the export of Class A and Class B objects, with the export of Class A objects strictly controlled unless authorised by a certificate. The Regulations amend the existing Protection of Movable Cultural Heritage Regulations 1987 by adding a new category of Class A objects to the Control List, specifically all pieces of the suit of metal armour worn by Ned Kelly during the siege at Glenrowan in Victoria in 1880. These amendments ensure that all pieces of Kelly's armour are subject to stricter export controls, reflecting their heightened cultural significance. The Regulations commence on gazettal, thereby immediately applying to all pieces of Kelly's armour, including those previously classified as Class B objects.

Key Provisions

The main operative sections of the Protection of Movable Cultural Heritage Amendment Regulations 2001 (No. 1) involve amendments to the Protection of Movable Cultural Heritage Regulations 1987, specifically adding a new category of objects to the National Cultural Heritage Control List (the Control List). Regulation 2 ensures that the Regulations commence on the date of gazettal, and Regulation 3 amends Schedule 1 of the PMCH Regulations to include the new category. Item 2 of Schedule 1 inserts new item 9.2A, defining the new category as all pieces of the suit of metal armour worn by Ned Kelly during the siege at Glenrowan in 1880, and Item 3 designates these objects as Class A, which are subject to stricter export controls than Class B objects. This means that all pieces of Ned Kelly's armour, including the one for which an export permit was refused, will require a certificate for export, rather than just a permit. The obligations and requirements imposed by the Act and the Regulations are primarily concerned with the export control of objects that are part of Australia's movable cultural heritage. Owners or potential exporters of these objects must ensure compliance with the requirements set out in the Act and the Regulations. Specifically, they must obtain the necessary permits or certificates before exporting Class A or Class B objects. Class A objects, such as Ned Kelly’s armour, cannot be exported without a certificate, whereas Class B objects require either a permit or a certificate. This includes ensuring that the objects are not exported without the appropriate documentation, and that any applications for permits or certificates are made in accordance with the provisions of the Act. Breach of the provisions of the Act or the Regulations can lead to significant consequences. Subsection 9(1) of the Act states that an Australian protected object is forfeited if it is exported in violation of the Act. This forfeiture can include both criminal and civil penalties. The maximum penalties for offences under the Act are not explicitly stated in the provided text, but typically such offences can result in substantial fines and potential imprisonment. Additionally, the Act and the Regulations can impose administrative penalties for non-compliance, which may include financial penalties or other sanctions as deemed appropriate by the Minister or relevant authorities. These provisions ensure that the cultural heritage of Australia is protected from unauthorised exportation and potential loss.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.