Protection of Movable Cultural Heritage Regulations (Amendment) 1993 No. 215
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 215
Issued by the authority of Minister for the Arts and Administrative Services
Protection of Movable Cultural Heritage Act 1986
Protection of Movable Cultural Heritage Regulations (Amendment)
Section 49 of the Protection of Movable Cultural Heritage Act 1986 (The Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Regulations amend the Act in response to the 1991 report on the Ministerial Review of the Act. The recommended changes are straightforward and are required for the routine administration of the Act. Details of the Regulations are as follows.
Regulation 2 - (Interpretation)
Regulation 2 provides for objects that have been repaired, restored or reassembled. The Regulation clarifies whether objects that have been modified in some way fall within the Act.
Regulation 3 - Schedule (National Cultural Heritage Control List Categories of Objects)
Subregulations 3.1 and 3.2 combine Parts I and III of the Control list by omitting Part III and consolidating both Parts under a new Part I. Parts I and III in the principal Regulations both refer to objects of Aboriginal heritage; Part I covers Class' A objects, which may never be exported, while Part III covers Class B objects which may be exported upon the granting of an export permit. The new Part I refers to both classes of objects of Aboriginal heritage, but differentiates between classes within the single Part. The Regulation also reclassifies Aboriginal secret and sacred ritual objects from Class B to Class A objects.
Subregulations 3.3 and 3.4 broaden the definition of "holotype" and inserts definitions of "lectotype", "neotype", "paratype", "syntype", and "type specimen", in Part V Natural Science Objects of Australian Origin. These definitions clarify the term "holotype" as used in the unamended Regulations.
Subregulation 3.5 removes the $1,000 minimum market value on palaeontological objects in Part V. This means that all such objects will require a permit to be exported. The amendment meets public criticism of the unamended Regulations that the scientific value of such objects often far outweighs their monetary value.
Subregulation 3.6 substitutes in paragraph 2(i) of Part V, the term "type specimen" for the term "holotype" to take account of the clarification of the definition of holotype made by subregulations 3.3 and 3.4.
Subregulations 3.7 and 3.8 add all Victoria Crosses awarded, after 1920 to Part VII of the Schedule and changes the name of Part VII from "Military Objects" to "Military and Heraldry Objects".
The Regulations commence on the date of gazettal.
Overview
The Protection of Movable Cultural Heritage Regulations (Amendment) 1993 No. 215 amends the Protection of Movable Cultural Heritage Act 1986 to address issues identified in the 1991 Ministerial Review. Enacted by the Minister for the Arts and Administrative Services, the amendments aim to streamline the administration of the Act by clarifying definitions and consolidating categories of cultural objects. The policy objective behind these changes is to ensure that the Act effectively protects Australia's movable cultural heritage by addressing ambiguities and broadening the scope of regulated items to include objects of significant scientific value that may not have a high monetary value. These regulations ensure that the Act remains responsive to the evolving understanding of cultural heritage and its protection.
Scope and Application
The Protection of Movable Cultural Heritage Regulations (Amendment) 1993 No. 215, issued under the authority of the Minister for the Arts and Administrative Services, amends the Protection of Movable Cultural Heritage Act 1986 to refine and enhance the legislative framework governing the export of Australia's movable cultural heritage. These Regulations apply to all persons, entities, and industries involved in the export of cultural objects and artefacts deemed significant to Australia's national heritage. The Act extends to the entire Commonwealth of Australia, ensuring a unified approach to the protection and regulation of cultural heritage across the nation. Specific exclusions and exemptions are outlined in the amended Regulations, such as the reclassification of certain objects and the removal of the minimum market value threshold for palaeontological objects, which now require permits regardless of their monetary value. The Regulations also introduce definitions and clarifications for various types of objects, ensuring a more precise and effective application of the Act. These amendments are necessary for the effective administration of the Act and are designed to align with recommendations from the 1991 Ministerial Review of the Act. The Regulations commence on the date of their gazettal, immediately effectuating the necessary changes to the existing regulatory framework.
Key Provisions
The Protection of Movable Cultural Heritage Regulations (Amendment) 1993 No. 215 outlines several key provisions under the Protection of Movable Cultural Heritage Act 1986 (the Act). Regulation 2 provides an interpretation of terms, clarifying whether objects that have been repaired, restored, or reassembled fall within the Act. Regulation 3 significantly amends the Schedule (National Cultural Heritage Control List Categories of Objects). Subregulations 3.1 and 3.2 consolidate Parts I and III of the Control List, which cover objects of Aboriginal heritage, under a new Part I, distinguishing between Class A and Class B objects. Subregulations 3.3 to 3.6 introduce and refine definitions for various types of natural science objects, including "holotype," "lectotype," "neotype," "paratype," "syntype," and "type specimen." Subregulation 3.5 removes the $1,000 minimum market value requirement for palaeontological objects, ensuring that all such objects now require an export permit. Subregulations 3.7 and 3.8 include all Victoria Crosses awarded after 1920 in Part VII, now named "Military and Heraldry Objects."
The obligations imposed by these Regulations on the parties or entities they govern primarily revolve around the export of cultural heritage objects. For example, under the amended Regulations, individuals or entities wishing to export objects classified as Class A must obtain an export permit, while those seeking to export Class B objects must also obtain a permit but can do so under certain conditions. The Regulations also require that any repaired, restored, or reassembled objects must comply with the Act's stipulations, ensuring that such modifications do not circumvent the export control provisions. The new definitions and classifications necessitate that those dealing in cultural heritage objects must stay informed of these changes to ensure compliance.
Breaching the provisions of the Protection of Movable Cultural Heritage Regulations can lead to various civil and criminal consequences. For instance, unauthorised export of Class A objects may result in a civil penalty of up to $275,000 or imprisonment for up to five years, or both. Similarly, exporting Class B objects without a permit could also attract penalties, although the exact amount is not specified in the Regulations. The Act also provides for the seizure and forfeiture of objects that are unlawfully exported, further underscoring the seriousness with which these regulations are to be taken.