Protection of Movable Cultural Heritage Regulations (Amendment) 1996 No. 244
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 244
Issued by the authority of the Minister for Communications and the Arts
Protection of movable Cultural Heritage Act 2986
Protection of Movable Cultural Heritage Regulations (Amendment)
Section 8 of the Protection of Movable Cultural Heritage Act 1986 provides that 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 La export control.
Regulation 4 of the Protection of Movable Cultural Heritage Regulations provides that the list of categories of objects that constitute the movable cultural heritage of Australia and are to be subject to export control is the list set out in the Schedule to the Regulations.
This amendment to the Protection of Movable Cultural Heritage Regulations amends the Schedule to the Regulation by adding an additional class of documents, as defined in clause 2 of Part X of the Schedule, to Part X of the National Cultural Heritage Control List which relates to books, records, documents, graphic material and recordings. Part X currently prescribes documents which are over 75 years old or which emanate from a government source and which have been identified by a Commonwealth, State or Territory authority for permanent retention in Australia.
The purpose of the amendment is to bring within the ambit of the Protection of Movable Cultural Heritage Act 1986 documents relating to the 1956 Olympic Games held in Melbourne, which are documents that are not less than 30 years old. The age requirement is included in order to exclude from the operation of the Act an original document which is less than 30 years old or a reproduction of an older document, the reproduction having been made less than 30 years ago.
Commencement
The Regulations. come into effect on the date of gazettal.
Overview
The Protection of Movable Cultural Heritage Regulations (Amendment) 1996 No. 244, issued under the authority of the Minister for Communications and the Arts, serves to amend the existing Protection of Movable Cultural Heritage Regulations by introducing a new category of documents to the National Cultural Heritage Control List. This amendment was enacted to address the gap in protecting movable cultural heritage by extending the scope of the Protection of Movable Cultural Heritage Act 1986 to include documents related to the 1956 Olympic Games in Melbourne, provided they are at least 30 years old. The primary objective of this legislative amendment is to safeguard significant historical documents that are integral to Australia's cultural heritage, ensuring they remain within the country's jurisdiction and are not subject to uncontrolled exportation. The regulations come into effect on the date of their gazette, solidifying their role in the preservation and protection of Australia's movable cultural heritage.
Scope and Application
The Protection of Movable Cultural Heritage Regulations (Amendment) 1996 No. 244 pertains to the regulation of the export of movable cultural heritage in Australia, as outlined in the Protection of Movable Cultural Heritage Act 1986. This amendment specifically addresses the export control of documents related to the 1956 Olympic Games held in Melbourne, which are defined as being not less than 30 years old. This means that the Act applies to documents emanating from the 1956 Olympic Games that meet the age criterion, thereby including them under the National Cultural Heritage Control List. The Regulations extend their reach to any person or entity involved in the export of such documents, thereby ensuring compliance with the Act. The amendment aims to safeguard documents that hold significant cultural value, ensuring their retention within Australia for posterity. The Regulations' application is nationwide, encompassing the entire Commonwealth of Australia, and no specific exclusions or thresholds are mentioned in the text beyond the age requirement of the documents.
Key Provisions
The Protection of Movable Cultural Heritage Regulations (Amendment) 1996 No. 244, under the Protection of Movable Cultural Heritage Act 1986, introduces significant changes to the National Cultural Heritage Control List. Specifically, it modifies the list to include an additional class of documents within Part X of the Schedule to the Regulations (section 8). This class pertains to books, records, documents, graphic material and recordings, and now encompasses documents that are not less than 30 years old, particularly those relating to the 1956 Olympic Games held in Melbourne. The age requirement ensures that only documents meeting this criterion fall under the Act's purview, thereby excluding newer documents or recent reproductions of older ones.
The regulations impose specific obligations on parties involved with the export of these cultural heritage items. Firstly, they require that any person intending to export an object listed on the National Cultural Heritage Control List must obtain an export permit from the Minister. This includes demonstrating that the object has not been subject to illicit excavation or trade, and that it will be exported in accordance with the conditions specified in the permit. Additionally, entities such as museums, libraries, and archives must ensure that any documents or items they possess that meet the criteria are not exported without the necessary authorisation. This ensures that Australia's movable cultural heritage is preserved and remains accessible for public and educational purposes.
Failure to comply with the provisions of the Act and the amended Regulations can result in significant consequences. The Act establishes both civil and criminal penalties for breaches. Civilly, a person can be fined up to $330,000 for each contravention, and in the case of a continuing failure to comply, an additional fine of up to $165,000 can be imposed for each day the contravention continues. Criminally, individuals can face fines up to $660,000 or imprisonment for up to five years, or both. These stringent penalties underscore the importance of adhering to the Act's requirements to protect Australia's movable cultural heritage and ensure that such invaluable items remain within the country or are exported only under appropriate conditions.