Commonwealth Numbered Regulations - Explanatory Statements

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PROTECTION OF MOVABLE CULTURAL HERITAGE AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 5

Statutory Rules 1999: No. 25

Issued by the Authority of the Mnister for the Arts and the Centenary of Federation

Protection of Movable Cultural Heritage Act 1986

Protection of Movable Cultural Heritage Amendment Regulations 1999 (No. 1)

Section 49 of the Protection of Movable Cultural Heritage Act 1986 (the Act) provides for regulations to be made under the Act.

The Act regulates the export of objects which are identified as part of Australia's movable cultural heritage. Subsection 7(1) of the Act sets out that Australia's movable cultural heritage consists of objects of importance to Australia for ethnological, archaeological, historical, literary, artistic, scientific or technological reasons that fall within certain specified categories.

Subsection 8(1) of the Act provides that the regulations shall prescribe a list, the National Cultural Heritage Control List (the List), of categories of objects that constitute the movable cultural heritage of Australia and are to be subject to export control. Regulation 4 of the Protection of Movable Cultural Heritage Regulations 1987 provides that the fist of objects that constitute Australia's movable cultural heritage is set out in the Schedule.

The purpose of the Regulations is to remedy an omission from Schedule 2 of the

Protection of Movable Cultural Heritage Amendment Regulations 1998 (No. 1) which were made on 22 December 1998 to provide that an object, or the Australian content of the object, must be at least 30 years old, or must have been used in Australia at least 30 years ago, to be in the category "Objects of Applied Science and Technology".

Details of the Regulations are set out in the Attachment.

The Regulations commence on 2 May 1999, the day after the Protection of Movable Cultural Heritage Amendment Regulations 1998 (No. 1) commence.

ATTACHMENT

Details of amendment

Regulation 1 - Name of regulations

The regulation provides that these regulations are the Protection of Movable Cultural

Heritage Amendment Regulations 1999 (No. 1)

Regulation 2 - Commencement

The regulation provides that these regulations commence on 2 May 1999.

Regulation 3 - Amendment of Protection of Movable Cultural Heritage Regulations 1987

The regulation provides that Schedule 1 amends the Protection of Movable Cultural Heritage Regulations 1987.

Schedule 1 - Amendment

Item 1 - Schedule 1, Part 4, item 4.3

The item substitutes item 4.3 of Schedule 1 of the Protection of Movable Cultural Heritage Regulations 1987 with an item which sets out when an object is in the category "Objects of Applied Science and Technology". The item provides that an object is in this category if it is an object:

(a)       of significance to Australia within the meaning of the definition of

       "significance to Australia" (this definition is contained in the Protection of

       Movable Cultural Heritage Amendment Regulations 1998 (No.]) which

       commence on 1 May 1999 and which amend the Protection of Movable

       Cultural Heritage Regulations 198 7);

(b)       made in Australia at least 30 years ago, or containing substantial Australian

       content which was made in Australia at least 30 years ago, or which was in

       use in Australia at least 30 years ago;

(c)        of the kind mentioned in item 4.4; and

(d)        that is not represented in at least two public collections in Australia by an

       object of equivalent quality.

For the purposes of this Part, an applied science or technology object which is in

perfect condition is not of equivalent quality to the same object in poorer

condition.