Federal Register of Legislation - Australian Government

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SR 1987 No. 149 Regulations as amended, taking into account amendments up to SR 1993 No. 215
Registered 12 Apr 2010
Start Date 03 Aug 1993
End Date 30 Oct 1996
Date of repeal 11 Dec 2018
Repealed by Protection of Movable Cultural Heritage Regulations 2018

PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS
(#DATE 30:11:1993)

- In force under the Protection of Movable Cultural Heritage Act 1986
- Reprinted as at 30 November 1993
*1* The Protection of Movable Cultural Heritage Regulations (in force under the Protection of Movable Cultural Heritage Act 1986) as shown in this reprint comprise Statutory Rules 1987 No. 149 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application,
number notification commencement saving or
in Gazette transitional
provisions
1987 No. 149 25 June 1987 1 July 1987
1988 No. 194 29 July 1988 1 Aug 1988 -
1990 No. 116 5 June 1990 5 June 1990 -
293 21 Sept 1990 21 Sept 1990 -
350 16 Nov 1990 16 Nov 1990 -
1991 No. 27 6 Mar 1991 6 Mar 1991 -
1993 No. 215 3 Aug 1993 3 Aug 1993 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 2 am. 1993 No. 215
Schedule rs. 1988 No. 194
am. 1990 Nos. 116, 293 and 350; 1991
No. 27; 1993 No. 215

PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
3. Prescribed categories
4. National Cultural Heritage Control List
5. Prescribed period - refusal to grant permit
6. Prescribed period - refusal to grant certificate of
exemption
7. Register of expert examiners
8. Money of the Fund
9. Administration of Fund
10. Gifts and bequests
11. Payments out of the Fund
12. Investment of money of the Fund
13. Audit of accounts
SCHEDULE
NATIONAL CULTURAL HERITAGE CONTROL LIST
CATEGORIES OF OBJECTS

PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Protection of Movable Cultural Heritage Regulations. *1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS - REG 2
Interpretation

2. (1) In these Regulations, unless the contrary intention appears:
"authorised person" means an officer of the Department authorised in writing by the Minister for the purposes of the provision in which the expression occurs;
"bank account" means the bank account established and maintained under subregulation 9 (1) for the purposes of the administration of the Fund;
"register" means the register referred to in section 22 of the Act;
"the Act" means the Protection of Movable Cultural Heritage Act 1986.

(2) For the purposes of the Schedule, if an object has not been substantially modified, it is taken not to have ceased to be an object that:
(a) was built before a date specified in relation to the object; or
(b) is of an age specified in relation to the object; or
(c) in the case of a foreign object - has been in Australia for a longer period than that specified in relation to the object;
as the case requires, by reason only that the object has been repaired, restored or reassembled.

(3) For the purposes of paragraph 2 (c), an object is taken to be a foreign object if it is a foreign object within the meaning of:
(a) clause 1 of Part VIII of the Schedule; or
(b) clause 1 of Part IX of the Schedule.

PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS - REG 3
Prescribed categories

3. For the purposes of subsection 7 (1) of the Act, the following categories are prescribed:
(a) archaeological objects of non-Australian origin;
(b) natural science objects;
(c) numismatic objects;
(d) objects of social history;
(e) philatelic objects.

PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS - REG 4
National Cultural Heritage Control List

4. For the purposes of subsection 8 (1) of the Act, 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.

PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS - REG 5
Prescribed period - refusal to grant permit

5. For the purposes of subsection 10 (7) of the Act, the period of 14 days is prescribed.

PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS - REG 6
Prescribed period - refusal to grant certificate of exemption

6. For the purposes of subsection 12 (6) of the Act, the period of 14 days is prescribed.

PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS - REG 7
Register of expert examiners

7. (1) In relation to a relevant person, the register shall contain the following particulars:
(a) the name of the person;
(b) details:
(i) in the case of a natural person - of the usual
residential address of the person; or
(ii) in the case of a body or association of persons - of the
principal office of the person.

(2) In this regulation, "relevant person" means a person in respect of whom or which a determination under subsection 22 (2) of the Act has been made.

PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS - REG 8
Money of the Fund

8. The Fund shall consist of:
(a) money appropriated by the Parliament for the purposes of the Fund;
(b) money paid by an authority of a State or Territory for the purposes of the Fund;
(c) gifts and donations of money or property received for the purposes of the Fund; and
(d) payments of interest in relation to investment of money standing to the credit of the Fund.

PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS - REG 9
Administration of Fund

9. (1) Money of the Fund shall be paid to the credit of a bank account established by the Minister or an authorised person and maintained for the purposes of the administration of the Fund.

(2) Subject to these Regulations, the Minister or an authorised person may:
(a) approve payments out of the bank account for the purposes of the Fund; and
(b) in relation to payments into the account - issue receipts against the Fund in accordance with subregulation (5).

(3) The Minister or an authorised person may:
(a) deposit money in the bank account;
(b) withdraw money from that account; and
(c) obtain bank statements and other documents in relation to that account.

(4) There shall be maintained a cash book showing details of money paid into the bank account for the purposes of the Fund and payments out of the bank account as follows:
(a) the date and amount of each transaction;
(b) in relation to each transaction:
(i) the name of the person paying money into the bank account
or to whom payment is made out of the bank account; and
(ii) sufficient other details of the transaction to enable
the circumstances of the transaction to be identified; and
(c) a running balance of money standing to the credit of the Fund in the bank account.

(5) Where money received from a person for the purposes of the Fund is paid into the bank account:
(a) a receipt shall be issued to that person from a book of receipts consecutively numbered kept for the purposes of this provision; and
(b) a duplicate of the receipt shall be retained in the book of receipts.

(6) At the end of each period of one month after the commencement of these Regulations, or each lesser period as the Minister may from time to time direct, there shall be provided to the Minister in relation to that period:
(i) a statement of account in respect of the bank account;
and
(ii) a bank reconciliation statement showing and explaining
any discrepancy between that statement and the records maintained for that period in the cash book.

(7) In relation to the bank account, there shall be maintained such records as are sufficient to enable the preparation of an annual account of payments out of the Fund for the purpose of facilitating the acquisition of Australian protected objects.

PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS - REG 10
Gifts and bequests

10. (1) Where a gift or bequest made for the purposes of the Fund is an asset other than money, the Minister or an authorised person shall obtain an expert valuation of the monetary value of the asset.

(2) The monetary value of an asset referred to in subregulation (1) shall be entered in a register kept for the purpose known as the Register of Non-monetary Assets of the Fund.

(3) The Minister or an authorised person may:
(a) sell a non-monetary asset of the Fund and cause the proceeds of sale to be invested for the purposes of the Fund; and
(b) from time to time, obtain a further expert valuation of such an asset.

(4) Upon a further expert valuation of a non-monetary asset of the Fund, that valuation shall be entered in the Register of Non-monetary Assets of the Fund in substitution for any previous valuation so entered.

PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS - REG 11
Payments out of the Fund

11. (1) Money of the Fund shall be applied only in relation to the acquisition of a Class A object, or of any Class B object in respect of which the Minister has refused to grant, or has granted subject to conditions, a permit under section 10 of the Act.

(2) The Minister or an authorised person may authorise payment of money of the Fund to a public institution or authority for the purpose of acquiring a Class A object, or a Class B object referred to in subregulation (1), for display or safe keeping but shall not authorise a payment of money of the Fund for the purposes of a private collection.

(3) The Minister or an authorised person shall not authorise payment of money of the Fund under subregulation (2) except after taking into consideration the advice of the Committee in relation to the proposed payment.

(4) Without limiting the generality of subregulation (3), the Committee shall, as appropriate in the circumstances of a particular case, advise the Minister in accordance with that subregulation in relation to the following matters:
(a) the fair market price of the object in relation to which assistance is sought from the Fund;
(b) the priorities determined by the Committee among applications for such assistance;
(c) the most appropriate location of the object, or of objects of the class in which the object is included;
(d) any conditions to be attached to the payment or to the acquisition of the object, or both.

(5) In relation to an authorisation of payment under subregulation (2), the Minister or authorised person may:
(a) direct how the payment is to be effected; and
(b) specify a period commencing on the date of the authorisation within which the payment is to be made, or is not to be made.

PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS - REG 12
Investment of money of the Fund

12. Money standing to the credit of the Fund may be invested by the Minister or an authorised person:
(a) in any securities of, or guaranteed by, the Government of the Commonwealth or of a State;
(b) on deposit in a bank; or
(c) in the purchase of Australian protected objects for the purposes of the Act.

PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS - REG 13
Audit of accounts

13. For the purpose of the audit of accounts of the Fund, section 63G of the Audit Act 1901 shall apply in relation to the Fund.

PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS - SCHEDULE

SCH

SCHEDULE Regulation 4
NATIONAL CULTURAL HERITAGE CONTROL LIST
CATEGORIES OF OBJECTS
PART I - OBJECTS OF AUSTRALIAN ABORIGINAL AND
TORRES STRAIT ISLANDER HERITAGE
1. In this Part, a reference to objects of Australian
Aboriginal and Torres Strait Islander heritage is a reference to:
(a) objects included in the category of material and things
made by or having cultural significance to members of the
Aboriginal race of Australia and descendants of the indigenous
inhabitants of the Torres Strait Islands; or
(b) objects within the category of objects of significance
relating to those members.
2. (1) The category mentioned in paragraph 1 (a) consists of
objects of the following kinds:
(a) sacred and secret ritual objects;
(b) bark and log coffins used as traditional burial objects;
(c) human remains;
(d) rock art;
(e) dendroglyphs.
(2) Subject to subclause (3), the category mentioned in
paragraph 1 (b) consists of objects of significance of the
following kinds:
(a) objects relating to famous and important Aborigines, or to
other persons significant in Aboriginal history;
(b) objects made on missions or reserves;
(c) objects relating to the development of Aboriginal protest
and self-help movements;
(d) original documents, photographs, drawings, sound
recordings, film and video recordings and any similar records
relating to objects included in this category.
(3) Objects of the following kinds are not included in the
category of objects mentioned in paragraph 1 (b):
(a) objects that are adequately represented in Aboriginal or
public collections in Australia;
(b) objects of Aboriginal heritage created less than 30 years
ago by an artist now living;
(c) objects created solely for sale less than 30 years ago.
(4) Objects within the category specified in subclause (1) are
Class A objects.
(5) Objects within the category specified in subclause (2) are
Class B objects.
PART II - ARCHAEOLOGICAL OBJECTS
1. This category consists of archaeological objects recovered
as specified in paragraph 7 (1) (a) of the Act after remaining
for not less than 50 years in the place from which that recovery
is effected.
2. In Clause 1, a reference to archaeological objects includes
a reference to:
(a) objects relating to seagoing exploration, transportation,
supply and commerce, including ordnance, coins, ship's gear,
anchors, cargo and personal items from shipwrecks, sunken ships
and landfalls, ships' logbooks and other documentation;
(b) objects relating to military activity;
(c) objects relating to the exploration of Australia and to the
colonisation and development of Australia by non-indigenous
peoples;
(d) objects relating to convict transportation and settlement;
(e) objects relating to relations between indigenous and
non-indigenous peoples;
(f) objects relating to missionary activity;
(g) objects (including documentation) relating to the history
of mining, processing, industry, technology and manufacture in
Australia;
(h) objects relating to the development of the pastoral
industry and other land industries;
(i) objects relating to whaling and sealing;
(j) objects relating to visits to or settlement in Australia of
identifiable cultural minorities;
(k) biological or ethnographic objects or collections;
(l) human remains other than remains specified in Part I;
(m) organic remains associated with or representative of a
prehistoric or historic culture;
(n) archaeological objects not otherwise referred to in this
clause relating to persons, places or events significant in the
history of Australia;
(o) unclassified material recovered as specified in paragraph 7
(1) (a) of the Act for purposes of archaeological study;
(p) material related to any object referred to in this clause,
being material that adds significantly to Australian historical
or scientific information.
3. The objects included in this category are Class B objects.

PART IV - ARCHAEOLOGICAL AND ETHNOGRAPHIC OBJECTS OF
NON-AUSTRALIAN ORIGIN
1. This category consists of archaeological and ethnographic
objects of non-Australian origin having cultural, historical or
scientific significance to Australia, held in Australia for not
less than 50 years and still held in Australia.
2. An archaeological or ethnographic object of non-Australian
origin that is adequately represented in public collections in
Australia is not included in this category.
3. In this Part, a reference to archaeological and ethnographic
objects of non-Australian origin includes a reference to any such
object:
(a) collected overseas by, presented overseas to, or brought to
Australia by, a notable person in Australian history; or
(b) that is an original document, photograph, record or other
supporting matter relating to any archaeological or ethnographic
object otherwise included in this category.
4. The objects included in this category are Class B objects.
PART V - NATURAL SCIENCE OBJECTS OF AUSTRALIAN ORIGIN
1. In this Part:
"holotype" means the original specimen from which the
description of a new species is made;
"lectotype" means a specimen selected as the type of a species
or subspecies if the type was not designated by the author of the
original description;
"mineral" includes a carving or sculpture created from any
mineral including a polished gemstone but does not include any
ore or concentrate used industrially or intended for industrial
use;
"neotype" means a specimen chosen to act as a type material
subsequent to a published original description;
"palaeontological object" means:
(a) a vertebrate or invertebrate fossil or plant fossil or a
trace fossil specimen, not being a fossil fuel or fossiliferous
rock used or intended for any use relating to industry;
(b) a carving or a sculpture made from fossiliferous or
fossilised matter;
(c) any material, record or thing of scientific significance in
relation to palaeontology; and
(d) a precious opal replacement fossil of a vertebrate or
invertebrate animal;
"paratype" means a specimen other than a holotype, used at the
time of original description, and designated as a paratype by the
author of the original description, or clearly indicated as being
one of the specimens upon which the original description was
made;
"syntype" means any specimen of a series in which no specimen
is designated as the holotype;
"type specimen" means:
(a) for present-day flora and fauna - holotype; and
(b) for palaeontological objects, extinct flora and fauna, and
minerals:
(i) holotype; and
(ii) lectotype; and
(iii) neotype; and
(iv) paratype; and
(v) syntype.
2. This category consists of:
(a) any palaeontological object;
(b) any mineral not otherwise referred to in this clause having
a current Australian market value of not less than $10,000;
(c) any gold nugget having a current Australian market value of
not less than $250,000;
(d) any diamond or sapphire having a current Australian market
value of not less than $250,000;
(e) any opal having a current Australian market value of not
less than $100,000;
(f) any other gemstone having a current Australian market value
of not less than $25,000;
(g) any specimen of natural crystal having a current Australian
market value of not less than $5,000;
(h) any meteorite or australite; and
(i) any type specimen of Australian origin:
(i) that is not lodged in an overseas collecting institution;
or
(ii) in relation to which a permit or an authority issued
under the Wildlife Protection (Regulation of Exports and Imports)
Act 1982 is not in force.
3. The objects included in this category are Class B objects.

PART VI - OBJECTS OF APPLIED SCIENCE OR TECHNOLOGY
1. In this Part:
"agricultural object" means:
(a) an object used for agricultural production;
(b) an object used for processing agricultural products;
(c) an object relating to an industry producing products for
use in agriculture;
(d) any tool, implement or equipment used or intended for use
in agriculture or in farming life;
(e) scientific equipment relating to agricultural research;
(f) any trade publication relating to agricultural machinery or
archival material relating to the manufacture of agricultural
machinery; and
(d) any material, record or thing of historical significance in
relation to agriculture;
"engineering object" means:
(a) a manufactured object relating to any branch of
engineering, including any such object that is:
(i) a machine or hand tool, engine or workshop equipment;
(ii) a control system or control mechanism; or
(iii) an invention, prototype or related model, or patent
object; and
(b) any documentary material, drawing, plan, photograph or
thing having historical significance for engineering;
"object of air transport" means:
(a) any lighter than air craft, including an airship;
(b) a glider, or kite, including a hang glider;
(c) any power driven aircraft;
(d) any equipment used, or intended for use, in aircraft
manufacture or repair;
(e) any aircraft communication and guidance system or component
of such a system;
(f) any aircraft instrument, engine, equipment, part or weapon;
(g) any prototype aircraft or experimental material relating to
the design or manufacture of aircraft; and
(h) any material, record or thing of historical significance in
relation to air transport;
"object of rail transport" means:
(a) a locomotive or rolling stock for a railway;
(b) a tram or an associated service vehicle for a tramway;
(c) any equipment, tool, accessory, machinery or model relating
to rail transport; and
(d) any material, record or thing of historical significance in
relation to rail transport;
"object of road transport" means:
(a) a motor vehicle or horse drawn vehicle;
(b) a motorcycle or a pedal operated cycle;
(c) a mining or other barrow, perambulator, sedan chair or
litter;
(d) any equipment, manufacturing machine, tool, fuel
distribution appliance or instrument relating to such a vehicle
or cycle; and
(e) any material, record or thing of historical significance in
relation to road transport;
"object of scientific interest" means:
(a) an implement, tool or device used, or intended for use, for
scientific examination or measurement;
(b) apparatus assembled or constructed for purposes of
scientific research;
(c) a model of original scientific apparatus or of an original
scientific instrument;
(d) any material, record or thing of historical significance in
the field of science; and
(e) any object that is a component or part related to any
object referred to in any of paragraphs (a) to (d) inclusive;
"object of water transport" means:
(a) a sailing vessel or a power driven vessel;
(b) a rowing boat, canoe or punt;
(c) any equipment, manufacturing machine, tool or navigation
equipment relating to water transport; and
(d) any material, record or thing of historical significance in
relation to water transport.
2. This category consists of any agricultural object,
engineering object, object of air transport, object of rail
transport, object of road transport, object of scientific
interest or object of water transport that:
(a) is significant to the history or culture of Australia;
(b) represents significant technological or social progress;
(c) is associated with a notable person in Australian history;
(d) has received a national or international award or has a
significant association with an international event; or
(e) is or has been used in a significant experiment
contributing to progress in science and is an object of
scientific interest.
3. In Clause 2, a reference to an object includes a reference
to a prototype, model or patent object related to that object.
3A. Clause 4 does not apply to an object of water transport
that is a steam propelled vessel.
4. An object referred to in Clause 2 is not included in this
category unless that object:
(a) in the case of an agricultural object - was built in
Australia before 1930 or in use in Australia before 1920;
(b) in the case of an engineering object - was built in
Australia before 1930 or in use in Australia before 1920;
(c) in the case of an object of air transport - was built in
Australia before 1960 or in use in Australia before 1945;
(d) in the case of an object of rail transport - was built in
Australia before 1945 or in use in Australia before 1930;
(e) in the case of an object of road transport - was built in
Australia before 1930 or in use in Australia before 1920;
(f) in the case of an object of scientific interest - was made
in Australia before 1930 or in use in Australia before 1920; or
(g) in the case of an object of water transport - was built in
Australia before 1930 or in use in Australia before 1920.
5. The objects included in this category are Class B objects.

PART VII - MILITARY AND HERALDRY OBJECTS
1. In this Part:
"Australian military history" means the history of:
(a) wars, and operations or activities relating to warfare, in
which Australians have been actively engaged;
(b) any army, navy or air force unit in which Australians have
participated;
(c) the Australian Defence Force; and
(d) operations or other activities conducted in Australia by
any army, navy or air force personnel or unit of a country other
than Australia;
"heraldry and historical material" means:
(a) any medal or other decoration, whether of a civil or
military nature (not being a campaign medal), awarded to a
person:
(i) ordinarily resident in Australia at the time of the
award; or
(ii) in the case of a posthumous award - ordinarily resident
in Australia at the time of the service or circumstance to which
the award relates;
and any citation or other document, or insignia, relating to such
a medal or decoration, but not including any medal, decoration,
citation, document or insignia owned by the person to whom the
award was made or, in the case of a posthumous award, by the
next-of-kin of that person;
(b) battlefield relics and souvenirs;
(c) flags, banners, guidons and colours;
(d) historical material relating to any military unit or person
serving in a military capacity;
(e) material relating to prisoners of war;
(f) memorials and other commemorative material;
(g) military documents, photographs and diaries; and
(h) military uniforms and personal equipment;
"weaponry" means an aircraft, vehicle, vessel, weapon, or a
related component or related equipment, used or intended for use
in warfare involving Australia (but not currently in use for the
purposes of the Australian Defence Force), including:
(a) an artefact from a naval vessel;
(b) any small vessel or part of such a vessel;
(c) in relation to aerial warfare, ground support equipment
including observation and barrage balloons, unmanned aircraft and
rockets for military use;
(d) any vehicle used for military purposes, or a part or
component of such a vehicle; and
(e) any assortment or collection of materials or objects that
contains any object to which any of paragraphs (a) to (d) of this
definition is applicable.
2. This category consists of any object of heraldry and
historical material or of weaponry:
(a) that is associated with a notable Australian or an event of
significance in Australian military history; or
(b) that is an outstanding example of Australian technological
development, invention or industry capability in the military
field;
and that was made, or has existed since a time, not later than
1920.
2A. This category also includes any Victoria Cross won by an
Australian after 1920.
3. The objects included in this category are Class B objects.

PART VIII - OBJECTS OF DECORATIVE ART
1. This category consists of any object of decorative art
included in objects of decorative art specified in Column 2 of an
item in the following table that has a current Australian market
value of not less than the Australian market value specified in
Column 3 of that item:
Column 1
Item No.
Column 2
Objects of decorative art
Column 3
Australian market value
$
Division A - Aboriginal and other Australian
or Australia-related objects
1
objects of Aboriginal decorative art
5,000
2
ceramics and glass
10,000
3
metalwork
25,000
4
furniture
40,000
5
architectural fittings and decoration, and interior
decoration
15,000
6
costume and textiles
5,000
7
jewellery
40,000
8
horological instruments (excluding barometers)
40,000
9
musical instruments
10,000
10
scrimshaw, woodwork, plastics, paper, plasters, leather
and bookbindings
5,000
11
book art of which not more than 2 examples are known to
be in public collections in Australia
10,000
12
toys
5,000
13
arms and armour
10,000
14
objects of decorative art not otherwise referred to in
this Division, being objects (such as objects of folk
art) made outside formal European traditions of
decorative art
5,000

Division B - Foreign objects
15
ceramics and glass
40,000
16
metalwork
100,000
17
furniture
100,000
18
architectural fittings and decoration and interior
decoration
100,000
19
costume and textiles
30,000
20
jewellery
100,000
21
horological instruments (excluding barometers)
100,000
22
musical instruments
100,000
23
scrimshaw, woodwork, plastics, paper, plasters, leather
and bookbindings
20,000
24
book art of which not more than 2 examples are known to
be in public collections in Australia
20,000
25
toys
20,000
26
arms and armour
60,000
2. In Clause 1:
"Australian object" means an object of decorative art designed
or made by an Australian person or Australian persons whether
working in Australia or elsewhere, other than an object of
Aboriginal decorative art;
"Australia-related object" means an object of decorative art:
(a) made in Australia or related to Australia and designed or
made by a foreign person or foreign persons who at some time
worked or resided in Australia; or
(b) made outside Australia and incorporating Australian motifs
or subject-matter;
"foreign object" means an object of decorative art, not being
an Australia-related object, designed or made by a foreign person
or foreign persons:
(a) that has been held in Australia for not less than 35 years
and is still held in Australia; and
(b) that has cultural significance for Australia.
3. In Clause 1:
(a) a reference to an object in any item other than item 1 does
not include a reference to an object of Aboriginal decorative art
or to any object included in a category specified in Part I or
III; and
(b) a reference to an object of Aboriginal decorative art is a
reference to an object of decorative art made in the Aboriginal
art tradition by a person or persons of the Aboriginal race of
Australia or by a descendant or descendants of the indigenous
inhabitants of the Torres Strait Islands, other than any object
included in a category specified in Part I or III.
4. This category consists of any object of decorative art, not
being an object included in the category specified in Clause 1,
that provides documentation of any notable person or event in
Australian science, technology, arts or history.
5. In this Part, a reference to an object of decorative art
does not include a reference to an object made by a living artist
or less than 30 years old.
6. The objects included in the 2 categories specified in this
Part are Class B objects.

PART IX - OBJECTS OF FINE ART
1. This category consists of any object of fine art included in
objects of fine art specified in Column 2 of an item in the
following table that has a current Australian market value of not
less than the Australian market value specified in Column 3 of
that item:
Column 1
Item No.
Column 2
Objects of fine art
Column 3
Australian market value
$
Division A - Aboriginal and other Australian
or Australia-related objects
1
objects of Aboriginal fine art
5,000
2
paintings
150,000
3
watercolours, pastels, drawings, sketches and similar
works
30,000
4
prints, posters, illustrated books, photographs and other
works of art with potential for multiple production
(including cast metal or moulded ceramic sculptures)
7,000
5
sculptures other than sculptures referred to in item 4
30,000
6
stained glass objects
10,000
7
tapestries
20,000
8
objects of fine art not otherwise referred to in this
Division, being objects (such as objects of folk art)
made outside formal European traditions of fine art
10,000
Division B - Foreign objects
9
Any painting held in Australia for not less than 35 years
and still held in Australia
500,000
10
watercolours, pastels, drawings and similar non-multiple
works of art held in Australia for not less than 35 years
and still held in Australia
100,000
11
prints, posters, illustrated books, photographs and
similar works of art with potential for multiple
production (including cast metal or moulded ceramic
sculptures) held in Australia for not less than 35 years
and still held in Australia
40,000
12
sculptures held in Australia for not less than 35 years
and still held in Australia
40,000
13
tapestries and stained glass objects held in Australia
for not less than 35 years and still held in Australia
20,000

2. In Clause 1:
"Australian object" means an object of fine art made by an
Australian artist or Australian artists, whether working in
Australia or elsewhere, other than an object of Aboriginal fine
art;
"Australia-related object" means an object of fine art:
(a) made in Australia or related to Australia and made by a
foreign artist or foreign artists who at some time worked or
resided in Australia; or
(b) made outside Australia and incorporating Australian motifs
or subject-matter;
"foreign object" means an object of fine art, not being an
Australia-related object, made by a foreign artist or artists and
held in Australia.
3. In Clause 1:
(a) a reference to an object in any item other than item 1 does
not include a reference to an object of Aboriginal fine art or to
any object included in a category specified in Part I or III; and
(b) a reference to an object of Aboriginal fine art is a
reference to an object of fine art made in the Aboriginal art
tradition by a person or persons of the Aboriginal race of
Australia or by a descendant or descendants of the indigenous
inhabitants of the Torres Strait Islands, other than any object
included in a category specified in Part I or III.
4. This category consists of any object of fine art, not being
an object included in the category specified in Clause 1, that
provides documentation of any notable person or event in
Australian science, technology, arts or history.
5. In this Part, a reference to an object of fine art does not
include a reference to an object made by a living artist or less
than 30 years old.
6. The objects included in the 2 categories specified in this
Part are Class B objects.
PART X - BOOKS, RECORDS, DOCUMENTS, GRAPHIC MATERIAL
AND RECORDINGS
1. This category consists of the following classes of
documents:
(a) any document relating to the discovery, exploration,
foundation and first 25 years of European settlement of each of
those parts of Australia now comprising the States and
Territories, being a document not less than 75 years old;
(b) any document of Australian origin or of substantial
Australian content or relating to a significant Australian event
or notable Australian person, business, association or
enterprise, being a document not less than 75 years old;
(c) documents, being Government records or archives emanating
from, or in the custody of, the Commonwealth or the Government of
a State or the Administration of a Territory, or of an authority
established by a law of the Commonwealth or a State or Territory
(including a local authority), or the Governor-General of
Australia or the Governor of a State, being documents which an
authority authorised for the purpose under a law of the
Commonwealth, a State or a Territory has determined are to be
retained permanently in Australia;
(d) any foreign document more than 75 years old, held in
Australia for more than 35 years and still held in Australia.
2. In this Part, "document" includes:
(a) a book, letter, journal, register, ledger, record, pamphlet
or any related material or thing, however produced;
(b) a sound recording, film, television or video production or
any other production comprising moving images or recorded sounds
(or both), a map, chart, photograph, architectural drawing or
graphic, or any related material or thing; and
(c) a sketch, drawing, watercolour, pastel, print or poster.
3. In this Part, a reference to Government records or archives
is a reference to records so described within the meaning given
to the expression under the law of whichever of the Commonwealth,
a State or a Territory has created, or has custody or control of,
the particular records in relation to which an application for a
certificate or permit has been made.
4. The objects included in this category are Class B objects.

PART XI - NUMISMATIC OBJECTS
1. This category consists of any numismatic object of
Australian origin, of foreign origin for Australian use or, being
of foreign origin, held in Australia for not less than 35 years
and still held in Australia:
(a) having a current Australian market value of not less than
$15,000;
(b) having an important association with any significant event
or notable person in Australian history; or
(c) included in any collection of numismatic objects that has
historical significance.
2. In this part, "numismatic object" includes:
(a) a medal, badge, token or charm or paper money;
(b) a pattern, proof or specimen striking;
(c) any object of numismatic technology or equipment; and
(d) any archival record relating to numismatics.
3. The objects included in this category are Class B objects.
PART XII - PHILATELIC OBJECTS
1. This category consists of any philatelic object:
(a) of Australian origin;
(b) of foreign origin for Australian use; or
(c) being of foreign origin and not for Australian use, held in
Australia for not less than 35 years, still held in Australia and
having a current Australian market value of not less than
$10,000;
being an object:
(d) having historical associations with, or culturally
significant to, Australia;
(e) of which no more than 2 examples are known to exist in
Australia;
(f) not represented in an Australian public collection; or
(g) in the form of a stamp collection of substantial importance
that has won a Large Gold medal in international competition or
that has a current Australian market value of not less than
$150,000.
2. In this Part, "philatelic object" includes:
(a) a revenue stamp, railway freight stamp or commemorative
stamp;
(b) material used in the designing of stamps;
(c) an artefact, an appliance or machinery used in the
production of stamps;
(d) any document relating to the issue or use of stamps; and
(e) any material or thing relating to philately that is of
significance to collectors.
3. The objects included in this category are Class B objects.
PART XIII - OBJECTS OF SOCIAL HISTORY
1. This category consists of objects of significance to
Australia's social history.
2. In Clause 1, a reference to an object of significance to
Australia's social history is a reference to an object not less
than 75 years old that is associated with any significant
activity, event or place, or notable person, in Australian
history and includes a reference to any such object relating to:
(a) domestic life, including buildings, fixtures and
decorations, equipment and furniture, costumes and textiles and
personal effects;
(b) work life, including specialised trades and labour
material, trade unionism, company activity and corporate
identity, trade and commerce;
(c) courts and tribunals, law enforcement including the police,
law-breakers, convicts and prison life;
(d) education;
(e) health and medicine;
(f) arts and crafts;
(g) leisure and recreation, including all forms of sport,
entertainment and tourism;
(h) politics;
(i) exploration;
(j) migration;
(k) community activities; and
(l) religion.
3. The objects included in this category are Class B objects.