Federal Register of Legislation - Australian Government

Primary content

SR 1987 No. 149 Regulations as amended, taking into account amendments up to SR 1999 No. 25
Registered 12 Apr 2010
Start Date 22 Dec 1998
End Date 30 Apr 1999
Date of repeal 11 Dec 2018
Repealed by Protection of Movable Cultural Heritage Regulations 2018
Table of contents.

Protection of Movable Cultural Heritage Regulations 1987

Statutory Rules 1987  No. 149 as amended

made under the

Protection of Movable Cultural Heritage Act 1986

Consolidated as in force on 2 March 1999

(includes amendments up to 1999 No. 25
and see endnotes 2 and 3 for uncommenced provisions)

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra


Protection of Movable Cultural Heritage Regulations 1987

Statutory Rules 1987  No. 149 as amended

made under the

 

 

 

Contents

Page

                        1     Name of regulations [see Note 1]                                     

                        2     Interpretation [see Note 2]                                               

                        3     Prescribed categories                                                     

                        4     National Cultural Heritage Control List [see Note 2]            

                        5     Prescribed period — refusal to grant permit                       

                        6     Prescribed period — refusal to grant certificate of exemption

                        7     Register of expert examiners [see Note 2]                        

                        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 [see Notes 2 and 3]                   

Part 1               Objects of Australian Aboriginal and Torres Strait Islander heritage     

Part II               Archaeological objects                                                  

Part IV              Archaeological and ethnographic objects of non-Australian origin        

Part V               Natural science objects of Australian origin                     

Part VI              Objects of applied science or technology                        

Part VII             Military and heraldry objects                                          

Part VIIA           Victoria Cross medals                                                   

Part VIII            Objects of decorative art                                                

Part IX              Objects of fine art                                                         

Part X               Books, records, documents, graphic material and recordings 

Part XI              Numismatic objects                                                      

Part XII              Philatelic objects                                                          

Part XIII             Objects of social history                                                

Notes                                                                                                       31

 


Do not delete : Chapter placeholder

Do not delete : Part placeholder

Do not delete : Division placeholder

1       Name of regulations [see Note 1]

                These Regulations may be cited as the Protection of Movable Cultural Heritage Regulations 1987.

2       Interpretation [see Note 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       Prescribed categories

                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.

4       National Cultural Heritage Control List [see Note 2]

                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.

5       Prescribed period — refusal to grant permit

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

6       Prescribed period — refusal to grant certificate of exemption

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

7       Register of expert examiners [see Note 2]

         (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.

8       Money of the Fund

                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.

9       Administration of Fund

         (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.

10     Gifts and bequests

         (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.

11     Payments out of the Fund

         (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.

12     Investment of money of the Fund

                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.

13     Audit of accounts

                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.


Schedule           National cultural heritage control list categories of objects [see Notes 2 and 3]

(regulation 4)

Part 1          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 (except an object mentioned in Part VIIA or 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.

3.             The objects included in this category are Class B objects.

Part VIIA     Victoria Cross medals

1.             An object is in this category if it is a Victoria Cross medal awarded to any one of the following persons:

 

Anderson, C.G.W.

Axford, T.L.

Badcoe, P.I.

Beatham, R.

Bell, F.W.

Birks, F.

Bisdee, J.H.

Blackburn, A.

Borella, A.

Brown, W.E.

Buckley, A.

Buckley, M.V.

Bugden, P.J.

Burton, A.

Carrol, J.

Cartwright, G.

Castleton, C.

Cherry, P.H.

Chowne, A.

Cooke, T.

Currey, W.

Cutler, A.R.

Dalziel, H.

Davey, P.

Derrick, T.C.

Dunstan, W.

Dwyer, J.J.

Edmondson, J.H.

French, J.A.

Gaby, A.E.

Gordon, B.S.

Gordon, J.H.

Gratwick, P.E.

Grieve, R.C.

Gurney, A.S.

Hall, A.C.

Hamilton, J.

Howell, G.J.

Howse, N.R.

Ingram, G.M.

Inwood, R.R.

Jacka, A.

Jackson, J.W.

Jeffries, C.S.

Jensen, J.C.

Joynt, W.D.

Kelliher, R.

Kenna, E.

Kenny, T.J.

 

Keysor, L.M.

Kibby, W.H.

Kingsbury, B.S.

Leak, J.

Lowerson, A.D.

Mackey, J.B.

Mactier, R.

Maxwell, J.

Maygar, L.C.

McCarthy, L.D.

McDougall, S.R.

McGee, L.

McNamara, F.H.

Middleton, R.H.

Moon, R.V.

Murray, H.W.

Newland, J.E.

Newton, W.E.

O’Meara, M.

Partridge, F.J.

Payne, K.

Peeler, W.

 

Pope, C.

Rattey, R.R.

Ruthven, W.

Ryan, J.

Sadlier, C.W.K.

Shout, A.J.

Simpson, R.S.

Starcevich, L.T.

Statton, P.C.

Storkey, P.V.

Sullivan, A.P.

Symons, W.J.

Throssell, H.V.H.

Towner, E.T.

Tubb, F.H.

Wark, B.A.

Weathers, L.C.

Wheatley, K.A.

Whittle, J.W.

Woods, J.P.

Wylly, G.G.

2.             However, an object is not in this category if it is owned:

                (a)    by the person to whom the award was made; or

               (b)    in the case of a posthumous award — by the person’s next-of-kin to whom the award was made.

3.             The objects included in this category are Class A objects.

Note   Under the Act, a Class A object that is in Australia cannot be exported from Australia. However, for a Class A object that is not in Australia and that a person wishes to temporarily import, a certificate may be granted by the Minister authorising the subsequent export of the object.

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;

                (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.