PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS 1987
- In force under the Protection of Movable Cultural Heritage Act 1986
- Updated as at 9 December 1996 (#DATE 09:12:1996)
PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS 1987
- 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 1987
- REG 1
Citation
1. These Regulations may be cited as the Protection of Movable
Cultural Heritage Regulations.@01@
PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS 1987
- 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 1987
- 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 1987
- 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 1987
- 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 1987
- 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 1987
- 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 1987
- 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 1987
- 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 1987
- 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 1987
- 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 1987
- 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 1987
- 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 1987
- 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 decorative 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;
(e) any document relating to the Olympic Games held in Melbourne in
1956, being a document not less than 30 years old.
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.
PROTECTION OF MOVABLE CULTURAL HERITAGE REGULATIONS 1987
- NOTE 1
NOTE
*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 -
1996 No. 244 1 Nov 1996 1 Nov 1996 -
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; 1996 No. 244