Protection of Movable Cultural Heritage Regulations (Amendment)

Overview

The Protection of Movable Cultural Heritage Regulations (Amendment) 1991 No. 27 was enacted to further refine the control mechanisms surrounding the export of culturally significant items in Australia. This legislative amendment is an extension of the Protection of Movable Cultural Heritage Act 1986, which aims to safeguard Australia's cultural heritage by retaining within the country objects that would otherwise be lost irreparably to the nation if exported. The Act establishes a National Cultural Heritage Control List, which categorises objects of significant cultural heritage, and is implemented through regulations. These amendments were introduced following recommendations from the National Cultural Heritage Committee, established under the Heritage Act, to address specific gaps in the existing export control framework. The primary objective of these amendments is to more effectively control the export of culturally significant items by expanding the definition of protected objects to include pre-1960 Australian-built air transport objects and increasing the value threshold for numismatic objects from the previously set amount to $15,000.

Scope and Application

The Protection of Movable Cultural Heritage Regulations (Amendment) 1991 No. 27 amends the existing Regulations under the Protection of Movable Cultural Heritage Act 1986, which aims to preserve Australia's movable cultural heritage by controlling the export of significant cultural objects. The amended Regulations primarily affect the export of specific types of cultural objects, namely objects of applied science or technology built in Australia before 1960 and numismatic objects with an increased Australian market value of $15,000. These amendments are applicable to individuals and entities involved in the export of these cultural objects, ensuring that only those with genuine cultural heritage significance are subject to export controls. The Regulations operate nationally across Australia and are enforced through subordinate instruments, which may further define and extend the application of the Act. The amendments do not apply to objects not listed in the National Cultural Heritage Control List, which is prescribed in the Regulations and represents the categories of objects deemed to constitute Australia's movable cultural heritage.

Key Provisions

The Protection of Movable Cultural Heritage Regulations (Amendment) 1991 No. 27 primarily focuses on two aspects of the existing Regulations, namely, the control of the export of objects of applied science or technology, and the value threshold for numismatic objects (Section 3). Part VI of the Regulation introduces a new category of objects of air transport built in Australia before 1960, which are now subject to export controls under the Heritage Act (Section 4). This amendment ensures that these historically significant objects remain within the nation's borders, thereby preserving Australia's aviation history and technological heritage. Under Part XI, the Regulation increases the Australian market value threshold for numismatic objects controlled by the Act from its previous amount to $15,000 (Section 5). This adjustment aims to safeguard a broader range of numismatic items, such as coins, tokens, and medals, which hold significant cultural value and historical importance. The Heritage Act requires entities and individuals to obtain an export permit before exporting these protected objects (Section 7). The Act also mandates that applications for export permits be made to the National Cultural Heritage Committee, which will assess the cultural significance of the objects in question (Section 8). Entities and individuals who seek to export protected objects must comply with the provisions outlined in the Heritage Act and the Regulations (Section 9). This includes providing detailed documentation and justification for the export of any object listed on the National Cultural Heritage Control List. Failure to obtain the necessary export permit may result in legal consequences, including potential civil or criminal penalties. Under Section 13 of the Act, unauthorised export of protected objects is considered an offence, and perpetrators may face fines of up to $22,000 for individuals and $110,000 for corporations, in addition to potential imprisonment terms. The Act also provides for the confiscation of the protected objects involved in the offence (Section 14).