Protection of Movable Cultural Heritage Act 1986: Export Controls and Class A/B Objects
Australia's export control on Australian Protected Objects under the PMCH Act 1986 and National Cultural Heritage Control List. Class A bans, Class B permits and penalties.
Statutory framework
The Protection of Movable Cultural Heritage Act 1986 (Cth) provides a legal framework for the protection of Australia’s movable cultural heritage. The Act safeguards objects of importance for ethnological, archaeological, historical, literary, artistic, scientific or technological reasons. It implements Australia’s obligations under the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. Sanctions compliance Australia DFAT
Administration of the Act rests with the Office for the Arts, which is part of the Department of Infrastructure, Transport, Regional Development, Communications and the Arts. The National Cultural Heritage Committee provides advice to the Minister regarding the Act’s operation and the Control List.
Funding for the recovery of significant movable cultural objects that are at risk of export is provided through the National Cultural Heritage Account.
National Cultural Heritage Control List
The National Cultural Heritage Control List is prescribed by the Protection of Movable Cultural Heritage Regulations 2018. This list defines categories of objects subject to export controls. Nine categories are specified: Indigenous heritage; archaeological objects; natural science; technology and industry; transport; military; fine and decorative art; documentary heritage; and numismatics and philately.
Each category within the Control List contains thresholds relating to age, value, and significance. These thresholds determine whether an object is classified as an Australian Protected Object, triggering the requirement for export controls.
Objects classified as Class A are considered of exceptional significance and require a certificate of exemption for export. Class B objects, while also subject to control, may be exported with either a permit or a certificate of exemption granted by the Minister.
Permits and certificates
The Protection of Movable Cultural Heritage Act 1986 requires permits for the export of Class A and Class B objects. Class B export permits are assessed against criteria, including national significance, the availability of similar objects, and the purpose of export. Applications for these permits must be accompanied by information such as provenance, photographs, and supporting expert opinions. The assessment process involves consultation with the National Cultural Heritage Committee.
Certificates of exemption can be issued for Class A objects that require temporary removal from Australia, for example, for loan to a museum. These certificates allow temporary export while maintaining the object’s protection under the Act.
Both permits and certificates may be subject to conditions. These conditions can include time limits for the object’s absence, requirements for insurance, and undertakings regarding the object’s eventual return to Australia.
Offences and enforcement
Exporting or attempting to export an Australian Protected Object without a permit constitutes an offence. Section 9 of the Protection of Movable Cultural Heritage Act 1986 outlines these offences. Penalties for individuals can include imprisonment for up to five years, a fine of up to $100,000, or both. Body corporates face a maximum penalty of $200,000.
The Australian Border Force has the authority to seize objects suspected of being exported in violation of the Act. This power allows for intervention when export controls are potentially breached. Biosecurity Act 2015 overview considerations may also arise in relation to certain objects.
Objects that are forfeited as a result of these offences may be returned to Australia or placed in public collections. Australia also enforces import controls on foreign cultural property, operating under the Cultural Property (Implementation of UNESCO Convention) Act 1986.
Frequently asked
What is the difference between Class A and Class B objects?
Class A objects are of such importance they generally cannot be exported except under a certificate of exemption (e.g. temporary loan); Class B objects can be exported with a permit assessed against significance criteria.
What are the penalties for unauthorised export?
Up to $100,000 or 5 years imprisonment (or both) for individuals, and up to $200,000 for body corporates, plus forfeiture of the object under the Act.