Protection of Cultural Objects on Loan Act 2013

This Part applies to an object if:

the object is imported into Australia on loan under a temporary loan arrangement between a lender of the object and either or both of the following:

an exhibiting institution for the object or the parent of such an institution;

an exhibition facilitator for the object who has an arrangement with either an exhibiting institution for the object or the parent of such an institution; and

the object is imported only or mainly for the purpose of temporary public exhibition of the object in Australia under arrangements made by the institution; and

the institution is approved under Part 3 when the object is imported; and

one or more of the following circumstances exist:

the loan is in the course of trade or commerce between Australia and a foreign country;

the lender of the object is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution;

the institution, the parent of the institution or the exhibition facilitator is a corporation to which paragraph 51(xx) of the Constitution applies or a corporation established by a law of the Commonwealth or a Territory;

the parent of the institution or the exhibition facilitator is the Commonwealth or a Territory;

the public exhibition of the object is to occur, is occurring or has occurred in a Territory;

the public exhibition of the object is to occur, is occurring or has occurred in a place acquired by the Commonwealth for public purposes within the meaning of paragraph 52(i) of the Constitution;

this Part is appropriate and adapted to giving effect to Australia’s obligations under an agreement that is between Australia and one or more foreign countries or international organisations and that is relevant to the loan of the object by the lender; and

the import does not contravene a law of the Commonwealth prescribed by regulation for the purposes of this paragraph; and

the object is not a Class A object as defined in the Protection of Movable Cultural Heritage Act 1986 when the object is imported; and

the object is not specified in a written notice that:

was given by the institution or its parent to the Minister before a time that was prescribed by regulation and was before the object is imported; and

was in a form approved by the Minister; and

has not been withdrawn before the object is imported.

A law is to be prescribed for the purposes of paragraph (1)(e) only if it gives effect to an international agreement: see section 21.

This Part ceases to apply to the object:

when one of the following events occurs:

the end of 24 months starting on the day the object is imported into Australia;

the export of the object from Australia; or

if, before an event described in paragraph (a) occurs, the Minister declares by notice published on the Department’s website that this Part ceases to apply to the object at a time that:

is worked out in accordance with the declaration; and

is at least 24 months after the day the object is imported into Australia;

The Minister may make a declaration for the purposes of paragraph (2)(b):

only on application by the exhibiting institution; and

only if the Minister is satisfied that exceptional circumstances justify the making of the declaration.

A declaration made under subsection (3) is not a legislative instrument.

For the purposes of this section, the object is neither imported into Australia nor exported from Australia merely because the object is moved between an external Territory and either a State or an internal Territory (whether the movement is to or from the external Territory, State or internal Territory).