{"id":"C2013A00012","name":"Protection of Cultural Objects on Loan Act 2013","slug":"protection-of-cultural-objects-on-loan-act-2013","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"12 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8497,"registerId":"commonwealth-C2013A00012-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Protection of Cultural Objects on Loan Act 2013.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

14 March 2013

2. Sections 3 to 21

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

14 September 2013

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of this Act","content":"#### 3 Objects of this Act\n\n (1) The main object of this Act is to encourage lenders to lend objects for temporary public exhibition in Australia under arrangements involving certain institutions.\n (2) This Act seeks to achieve that object by limiting the circumstances in which ownership or physical possession, custody or control of the objects in Australia can be affected by:\n (a) legal proceedings; or\n (b) the enforcement of a judgement or order of a court; or\n (c) an action taken under a law of the Commonwealth, a State or a Territory; or\n (d) the operation of such a law.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Simplified outline","content":"#### 4 Simplified outline\n\n The following is a simplified outline of this Act:\n\nThis Act deals with objects that are normally in a foreign country but are imported into Australia on loan for temporary public exhibition under arrangements made by certain institutions approved by the Minister.\n\nWhile the objects are in Australia, Part 2 limits the circumstances in which lenders, exhibition facilitators, exhibiting institutions and people working for any of them can lose ownership or physical possession, custody or control of the objects because of:\n\n(a) legal proceedings in Australian or foreign courts; or\n\n(b) the exercise of certain powers (such as powers of seizure) under Commonwealth, State and Territory laws; or\n\n(c) the operation of such laws.\n\nPart 3 deals with the approval of institutions by the Minister, and the end of such approval.\n\nPart 4 deals with miscellaneous matters.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this Act:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> borrowing institution means an organisation (whether a person or not) that:\n\n (a) collects and publicly exhibits in Australia objects that are of interest for archaeological, artistic, ethnological, historical, literary, scientific or technological reasons; and\n (b) is either:\n (i) established by a law of the Commonwealth, a State or a Territory, except a law prescribed by regulation for the purposes of this subparagraph; or\n (ii) prescribed by regulation as a borrowing institution.\n\n> Note: For prescription by class, see subsection 13(3) of the Legislation Act 2003.\n\n> exhibiting institution for an object means the borrowing institution that has made arrangements for the temporary public exhibition of the object in Australia.\n\n> exhibition facilitator for an object means a person who:\n\n (a) has a temporary loan arrangement for the object with a lender of the object; and\n (b) has a temporary loan arrangement for the object with:\n (i) an exhibiting institution for the object; or\n (ii) the parent of such an institution; and\n (c) is not a lender of the object, an exhibiting institution for the object or the parent of such an institution; and\n (d) carries on a business (whether or not for profit) of making arrangements for temporary public exhibitions in Australia of objects from collections outside Australia.\n\n> heritage law means a law of the Commonwealth, a State or a Territory that relates to heritage, whether or not the law relates to:\n\n (a) heritage of a particular community, such as Aboriginal or Torres Strait Islander heritage; or\n (b) heritage of a particular kind, such as:\n (i) objects associated with historic shipwrecks; or\n (ii) records of government; or\n (iii) other archival material.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> lender of an object means a person who:\n\n (a) is:\n (i) an individual who is not ordinarily resident in Australia; or\n (ii) a corporation incorporated by or under the law of a foreign country; or\n (iii) a body politic of a foreign country (or part of a foreign country); and\n (b) is a party to a temporary loan arrangement (the head arrangement) for the object with a borrowing institution, the parent of a borrowing institution or a person who:\n (i) has, or may reasonably be expected to have in future as a result of the head arrangement, a temporary loan arrangement for the object with a borrowing institution or the parent of a borrowing institution; and\n (ii) is not an exhibiting institution for the object or the parent of such an institution; and\n (iii) carries on a business (whether or not for profit) of making arrangements for temporary public exhibitions in Australia of objects from collections outside Australia; and\n (c) would reasonably be expected to have physical possession, custody or control of the object outside Australia for the period of the loan under the head arrangement, apart from that arrangement.\n\n> loan of an object includes an arrangement for:\n\n (a) the temporary transfer of the physical possession, custody or control of the object directly or indirectly from one person to another person, whether or not any consideration is provided for the transfer; and\n (b) the transfer of the physical possession, custody or control of the object directly or indirectly from the other person back to the first person.\n\n> parent of a borrowing institution that is not a person means:\n\n (a) if the institution is a Department of State, or part of such a Department, of the Commonwealth, a State or a Territory—the Commonwealth, State or Territory (as appropriate); or\n (b) if the operations of the institution are a distinct part of the operations of a body corporate—that body.\n\n> protected person for an object means:\n\n (a) a lender of the object; or\n (b) an officer, employee or agent of a lender of the object who accompanies the object for some or all of the time it is on loan; or\n (c) an exhibition facilitator for the object, an exhibiting institution for the object or the parent of such an institution; or\n (d) a person who is:\n (i) an officer, employee, agent or delegate of an exhibition facilitator for the object; or\n (ii) an officer, employee, agent or delegate of an exhibiting institution for the object or the parent of such an institution; or\n (e) a person engaged by a lender of the object, an exhibition facilitator for the object or an institution or parent described in paragraph (c) to do any of the following:\n (i) transport the object from one place in Australia to another or between Australia and a foreign country;\n (ii) carry out conservation work on the object in Australia;\n (iii) store the object in Australia;\n (iv) provide security for the object while it is being transported between Australia and a foreign country or while it is in Australia;\n (v) provide a service that relates to the object and is prescribed by regulation; or\n (f) an officer, employee, agent or delegate of a person described in paragraph (e).\n\n> temporary loan arrangement for an object means an arrangement for the loan of the object for temporary public exhibition of the object in Australia under arrangements made by a borrowing institution.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"This Act binds the Crown","content":"#### 6 This Act binds the Crown\n\n This Act binds the Crown in each of its capacities.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Extension to external Territories","content":"#### 7 Extension to external Territories\n\n This Act extends to every external Territory.","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Protection","content":"## Part 2—Protection","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Application of this Part","content":"#### 8 Application of this Part\n\n (1) This Part applies to an object if:\n (a) 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:\n (i) an exhibiting institution for the object or the parent of such an institution;\n (ii) 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\n (b) 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\n (c) the institution is approved under Part 3 when the object is imported; and\n (d) one or more of the following circumstances exist:\n (i) the loan is in the course of trade or commerce between Australia and a foreign country;\n (ii) the lender of the object is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution;\n (iii) 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;\n (iv) the parent of the institution or the exhibition facilitator is the Commonwealth or a Territory;\n (v) the public exhibition of the object is to occur, is occurring or has occurred in a Territory;\n (vi) 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;\n (vii) 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\n (e) the import does not contravene a law of the Commonwealth prescribed by regulation for the purposes of this paragraph; and\n (f) 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\n (g) the object is not specified in a written notice that:\n (i) 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\n (ii) was in a form approved by the Minister; and\n (iii) has not been withdrawn before the object is imported.\n\n> Note: 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.\n\n (2) This Part ceases to apply to the object:\n (a) when one of the following events occurs:\n (i) the end of 24 months starting on the day the object is imported into Australia;\n (ii) the export of the object from Australia; or\n (b) 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:\n (i) is worked out in accordance with the declaration; and\n (ii) is at least 24 months after the day the object is imported into Australia;\n at the time worked out in accordance with the declaration.\n (3) The Minister may make a declaration for the purposes of paragraph (2)(b):\n (a) only on application by the exhibiting institution; and\n (b) only if the Minister is satisfied that exceptional circumstances justify the making of the declaration.\n (4) A declaration made under subsection (3) is not a legislative instrument.\n Certain movements of objects are not import or export\n (5) 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).","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Protection from suit","content":"#### 9 Protection from suit\n\n Actions in personam\n (1) Proceedings for an action in personam relating to the object cannot be started against a protected person for the object.\n\n> Note: If such proceedings have been started before this Part applies to the object, a judgement or order made in the proceedings cannot be enforced while this Part applies to the object: see section 10.\n\n Actions in rem\n (2) Proceedings for an action in rem relating to the object cannot be started.\n\n> Note: If such proceedings have been started before this Part applies to the object, a judgement or order made in the proceedings cannot be enforced while this Part applies to the object: see section 10.\n\n Exception for protected persons starting proceedings\n (3) Subsections (1) and (2) do not prevent a person who is a protected person for the object because of a particular paragraph of the definition of protected person in section 5 from starting proceedings against a person who is a protected person for the object because of that paragraph, or a later paragraph, of that definition.\n\n> Note: Example: An exhibiting institution can start an action against a person it engages to transport the object, because:\n\n (a) the exhibiting institution is a protected person because of paragraph (c) of the definition of protected person; and\n (b) the person engaged to transport the object is a protected person because of paragraph (e) of that definition.\n Exception for certain proceedings\n (4) Subsections (1) and (2) do not apply to:\n (a) proceedings under the Proceeds of Crime Act 2002; or\n (b) proceedings prescribed by regulation for the purposes of this subsection.\n This section applies to starting of proceedings in any way\n (5) This section applies to the starting of proceedings in a federal court or a court of a State or Territory by claim, cross‑claim or otherwise.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Protection from enforcement of judgements and orders","content":"#### 10 Protection from enforcement of judgements and orders\n\n (1) An act cannot be done in relation to the object to enforce a judgement or order of a federal court or a court of a State, Territory or foreign country that:\n (a) is a judgement or order in personam against a protected person for the object; or\n (b) is a judgement or order in rem relating to the object.\n Exception for some foreign judgements and awards\n (2) Subsection (1) does not prevent an act from being done:\n (a) under Part 2 of the Foreign Judgments Act 1991 to enforce a judgement of:\n (i) a superior court of a country in relation to which that Part extends; or\n (ii) an inferior court to which that Part extends; or\n (b) under Part 7 of the Trans‑Tasman Proceedings Act 2010 to enforce a judgement of a court of New Zealand; or\n (c) under Part II of the International Arbitration Act 1974.\n Exception for judgements and orders favouring protected persons\n (3) Subsection (1) does not prevent an act from being done to enforce a judgement or order in favour of a protected person for the object, unless:\n (a) that person is a protected person for the object because of a particular paragraph of the definition of protected person in section 5; and\n (b) the judgement or order is against a person who is a protected person for the object because of an earlier paragraph of that definition.\n Exception for certain other judgements and orders\n (4) Subsection (1) does not apply to:\n (a) an order made under the Proceeds of Crime Act 2002; or\n (b) a judgement or order made in proceedings prescribed by regulation for the purposes of this subsection.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Protection from seizure under statutory powers","content":"#### 11 Protection from seizure under statutory powers\n\n (1) The object cannot be seized under a law of the Commonwealth, a State or a Territory.\n (2) Subsection (1) does not prevent seizure under:\n (a) Part IAA of the Crimes Act 1914; or\n (b) Part 3‑5 of the Proceeds of Crime Act 2002; or\n (c) a law of the Commonwealth, a State or a Territory that gives a police officer (however described) a power of seizure and does not give that power to anyone other than a police officer; or\n (d) a law of the Commonwealth, a State or a Territory prescribed by regulation for the purposes of this subsection.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Protection from forfeiture","content":"#### 12 Protection from forfeiture\n\n (1) The object cannot be forfeited because of a law of the Commonwealth, a State or a Territory.\n (2) Subsection (1) does not prevent forfeiture (or the possibility of forfeiture) because of:\n (a) Part IAA of the Crimes Act 1914; or\n (b) Part 2‑2 or 2‑3 of the Proceeds of Crime Act 2002; or\n (c) a law of the Commonwealth, a State or a Territory prescribed by regulation for the purposes of this subsection.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Protection from heritage laws and things done under them","content":"#### 13 Protection from heritage laws and things done under them\n\n (1) Nothing in, or done under, a heritage law prohibits or restricts, conditionally or unconditionally, a protected person for the object doing anything in relation to the object for the purpose of:\n (a) giving effect to a temporary loan arrangement for the object (whether or not the person is party to the arrangement); or\n (b) meeting the person’s obligations to another protected person who is party to a temporary loan arrangement for the object.\n (2) Nothing in, or done under, a heritage law affects:\n (a) ownership of the object; or\n (b) physical possession, custody or control of the object by a protected person; or\n (c) a right of a protected person to physical possession, custody or control of the object.\n Exception for prescribed heritage laws\n (3) This section does not apply to a heritage law prescribed by regulation for the purposes of this subsection.\n Relationship of this section with the rest of this Part\n (4) This section does not limit any other section of this Part, and is not limited by any other section of this Part.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Relationship with other laws","content":"#### 14 Relationship with other laws\n\n This Part has effect despite:\n (a) any other law of the Commonwealth (whether made before or after the commencement of this section); and\n (b) any rule of common law or equity (including, for example, a rule of private international law).","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"part","heading":"Approval of institutions","content":"An Act to encourage the loan of objects from overseas for temporary public exhibition in Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Protection of Cultural Objects on Loan Act 2013.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

14 March 2013

2. Sections 3 to 21

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

14 September 2013

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Objects of this Act\n\n (1) The main object of this Act is to encourage lenders to lend objects for temporary public exhibition in Australia under arrangements involving certain institutions.\n (2) This Act seeks to achieve that object by limiting the circumstances in which ownership or physical possession, custody or control of the objects in Australia can be affected by:\n (a) legal proceedings; or\n (b) the enforcement of a judgement or order of a court; or\n (c) an action taken under a law of the Commonwealth, a State or a Territory; or\n (d) the operation of such a law.\n\n#### 4 Simplified outline\n\n The following is a simplified outline of this Act:\n\nThis Act deals with objects that are normally in a foreign country but are imported into Australia on loan for temporary public exhibition under arrangements made by certain institutions approved by the Minister.\n\nWhile the objects are in Australia, Part 2 limits the circumstances in which lenders, exhibition facilitators, exhibiting institutions and people working for any of them can lose ownership or physical possession, custody or control of the objects because of:\n\n(a) legal proceedings in Australian or foreign courts; or\n\n(b) the exercise of certain powers (such as powers of seizure) under Commonwealth, State and Territory laws; or\n\n(c) the operation of such laws.\n\nPart 3 deals with the approval of institutions by the Minister, and the end of such approval.\n\nPart 4 deals with miscellaneous matters.\n\n#### 5 Definitions\n\n In this Act:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> borrowing institution means an organisation (whether a person or not) that:\n\n (a) collects and publicly exhibits in Australia objects that are of interest for archaeological, artistic, ethnological, historical, literary, scientific or technological reasons; and\n (b) is either:\n (i) established by a law of the Commonwealth, a State or a Territory, except a law prescribed by regulation for the purposes of this subparagraph; or\n (ii) prescribed by regulation as a borrowing institution.\n\n> Note: For prescription by class, see subsection 13(3) of the Legislation Act 2003.\n\n> exhibiting institution for an object means the borrowing institution that has made arrangements for the temporary public exhibition of the object in Australia.\n\n> exhibition facilitator for an object means a person who:\n\n (a) has a temporary loan arrangement for the object with a lender of the object; and\n (b) has a temporary loan arrangement for the object with:\n (i) an exhibiting institution for the object; or\n (ii) the parent of such an institution; and\n (c) is not a lender of the object, an exhibiting institution for the object or the parent of such an institution; and\n (d) carries on a business (whether or not for profit) of making arrangements for temporary public exhibitions in Australia of objects from collections outside Australia.\n\n> heritage law means a law of the Commonwealth, a State or a Territory that relates to heritage, whether or not the law relates to:\n\n (a) heritage of a particular community, such as Aboriginal or Torres Strait Islander heritage; or\n (b) heritage of a particular kind, such as:\n (i) objects associated with historic shipwrecks; or\n (ii) records of government; or\n (iii) other archival material.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> lender of an object means a person who:\n\n (a) is:\n (i) an individual who is not ordinarily resident in Australia; or\n (ii) a corporation incorporated by or under the law of a foreign country; or\n (iii) a body politic of a foreign country (or part of a foreign country); and\n (b) is a party to a temporary loan arrangement (the head arrangement) for the object with a borrowing institution, the parent of a borrowing institution or a person who:\n (i) has, or may reasonably be expected to have in future as a result of the head arrangement, a temporary loan arrangement for the object with a borrowing institution or the parent of a borrowing institution; and\n (ii) is not an exhibiting institution for the object or the parent of such an institution; and\n (iii) carries on a business (whether or not for profit) of making arrangements for temporary public exhibitions in Australia of objects from collections outside Australia; and\n (c) would reasonably be expected to have physical possession, custody or control of the object outside Australia for the period of the loan under the head arrangement, apart from that arrangement.\n\n> loan of an object includes an arrangement for:\n\n (a) the temporary transfer of the physical possession, custody or control of the object directly or indirectly from one person to another person, whether or not any consideration is provided for the transfer; and\n (b) the transfer of the physical possession, custody or control of the object directly or indirectly from the other person back to the first person.\n\n> parent of a borrowing institution that is not a person means:\n\n (a) if the institution is a Department of State, or part of such a Department, of the Commonwealth, a State or a Territory—the Commonwealth, State or Territory (as appropriate); or\n (b) if the operations of the institution are a distinct part of the operations of a body corporate—that body.\n\n> protected person for an object means:\n\n (a) a lender of the object; or\n (b) an officer, employee or agent of a lender of the object who accompanies the object for some or all of the time it is on loan; or\n (c) an exhibition facilitator for the object, an exhibiting institution for the object or the parent of such an institution; or\n (d) a person who is:\n (i) an officer, employee, agent or delegate of an exhibition facilitator for the object; or\n (ii) an officer, employee, agent or delegate of an exhibiting institution for the object or the parent of such an institution; or\n (e) a person engaged by a lender of the object, an exhibition facilitator for the object or an institution or parent described in paragraph (c) to do any of the following:\n (i) transport the object from one place in Australia to another or between Australia and a foreign country;\n (ii) carry out conservation work on the object in Australia;\n (iii) store the object in Australia;\n (iv) provide security for the object while it is being transported between Australia and a foreign country or while it is in Australia;\n (v) provide a service that relates to the object and is prescribed by regulation; or\n (f) an officer, employee, agent or delegate of a person described in paragraph (e).\n\n> temporary loan arrangement for an object means an arrangement for the loan of the object for temporary public exhibition of the object in Australia under arrangements made by a borrowing institution.\n\n#### 6 This Act binds the Crown\n\n This Act binds the Crown in each of its capacities.\n\n#### 7 Extension to external Territories\n\n This Act extends to every external Territory.\n\n## Part 2—Protection\n\n#### 8 Application of this Part\n\n (1) This Part applies to an object if:\n (a) 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:\n (i) an exhibiting institution for the object or the parent of such an institution;\n (ii) 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\n (b) 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\n (c) the institution is approved under Part 3 when the object is imported; and\n (d) one or more of the following circumstances exist:\n (i) the loan is in the course of trade or commerce between Australia and a foreign country;\n (ii) the lender of the object is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution;\n (iii) 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;\n (iv) the parent of the institution or the exhibition facilitator is the Commonwealth or a Territory;\n (v) the public exhibition of the object is to occur, is occurring or has occurred in a Territory;\n (vi) 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;\n (vii) 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\n (e) the import does not contravene a law of the Commonwealth prescribed by regulation for the purposes of this paragraph; and\n (f) 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\n (g) the object is not specified in a written notice that:\n (i) 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\n (ii) was in a form approved by the Minister; and\n (iii) has not been withdrawn before the object is imported.\n\n> Note: 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.\n\n (2) This Part ceases to apply to the object:\n (a) when one of the following events occurs:\n (i) the end of 24 months starting on the day the object is imported into Australia;\n (ii) the export of the object from Australia; or\n (b) 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:\n (i) is worked out in accordance with the declaration; and\n (ii) is at least 24 months after the day the object is imported into Australia;\n at the time worked out in accordance with the declaration.\n (3) The Minister may make a declaration for the purposes of paragraph (2)(b):\n (a) only on application by the exhibiting institution; and\n (b) only if the Minister is satisfied that exceptional circumstances justify the making of the declaration.\n (4) A declaration made under subsection (3) is not a legislative instrument.\n Certain movements of objects are not import or export\n (5) 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).\n\n#### 9 Protection from suit\n\n Actions in personam\n (1) Proceedings for an action in personam relating to the object cannot be started against a protected person for the object.\n\n> Note: If such proceedings have been started before this Part applies to the object, a judgement or order made in the proceedings cannot be enforced while this Part applies to the object: see section 10.\n\n Actions in rem\n (2) Proceedings for an action in rem relating to the object cannot be started.\n\n> Note: If such proceedings have been started before this Part applies to the object, a judgement or order made in the proceedings cannot be enforced while this Part applies to the object: see section 10.\n\n Exception for protected persons starting proceedings\n (3) Subsections (1) and (2) do not prevent a person who is a protected person for the object because of a particular paragraph of the definition of protected person in section 5 from starting proceedings against a person who is a protected person for the object because of that paragraph, or a later paragraph, of that definition.\n\n> Note: Example: An exhibiting institution can start an action against a person it engages to transport the object, because:\n\n (a) the exhibiting institution is a protected person because of paragraph (c) of the definition of protected person; and\n (b) the person engaged to transport the object is a protected person because of paragraph (e) of that definition.\n Exception for certain proceedings\n (4) Subsections (1) and (2) do not apply to:\n (a) proceedings under the Proceeds of Crime Act 2002; or\n (b) proceedings prescribed by regulation for the purposes of this subsection.\n This section applies to starting of proceedings in any way\n (5) This section applies to the starting of proceedings in a federal court or a court of a State or Territory by claim, cross‑claim or otherwise.\n\n#### 10 Protection from enforcement of judgements and orders\n\n (1) An act cannot be done in relation to the object to enforce a judgement or order of a federal court or a court of a State, Territory or foreign country that:\n (a) is a judgement or order in personam against a protected person for the object; or\n (b) is a judgement or order in rem relating to the object.\n Exception for some foreign judgements and awards\n (2) Subsection (1) does not prevent an act from being done:\n (a) under Part 2 of the Foreign Judgments Act 1991 to enforce a judgement of:\n (i) a superior court of a country in relation to which that Part extends; or\n (ii) an inferior court to which that Part extends; or\n (b) under Part 7 of the Trans‑Tasman Proceedings Act 2010 to enforce a judgement of a court of New Zealand; or\n (c) under Part II of the International Arbitration Act 1974.\n Exception for judgements and orders favouring protected persons\n (3) Subsection (1) does not prevent an act from being done to enforce a judgement or order in favour of a protected person for the object, unless:\n (a) that person is a protected person for the object because of a particular paragraph of the definition of protected person in section 5; and\n (b) the judgement or order is against a person who is a protected person for the object because of an earlier paragraph of that definition.\n Exception for certain other judgements and orders\n (4) Subsection (1) does not apply to:\n (a) an order made under the Proceeds of Crime Act 2002; or\n (b) a judgement or order made in proceedings prescribed by regulation for the purposes of this subsection.\n\n#### 11 Protection from seizure under statutory powers\n\n (1) The object cannot be seized under a law of the Commonwealth, a State or a Territory.\n (2) Subsection (1) does not prevent seizure under:\n (a) Part IAA of the Crimes Act 1914; or\n (b) Part 3‑5 of the Proceeds of Crime Act 2002; or\n (c) a law of the Commonwealth, a State or a Territory that gives a police officer (however described) a power of seizure and does not give that power to anyone other than a police officer; or\n (d) a law of the Commonwealth, a State or a Territory prescribed by regulation for the purposes of this subsection.\n\n#### 12 Protection from forfeiture\n\n (1) The object cannot be forfeited because of a law of the Commonwealth, a State or a Territory.\n (2) Subsection (1) does not prevent forfeiture (or the possibility of forfeiture) because of:\n (a) Part IAA of the Crimes Act 1914; or\n (b) Part 2‑2 or 2‑3 of the Proceeds of Crime Act 2002; or\n (c) a law of the Commonwealth, a State or a Territory prescribed by regulation for the purposes of this subsection.\n\n#### 13 Protection from heritage laws and things done under them\n\n (1) Nothing in, or done under, a heritage law prohibits or restricts, conditionally or unconditionally, a protected person for the object doing anything in relation to the object for the purpose of:\n (a) giving effect to a temporary loan arrangement for the object (whether or not the person is party to the arrangement); or\n (b) meeting the person’s obligations to another protected person who is party to a temporary loan arrangement for the object.\n (2) Nothing in, or done under, a heritage law affects:\n (a) ownership of the object; or\n (b) physical possession, custody or control of the object by a protected person; or\n (c) a right of a protected person to physical possession, custody or control of the object.\n Exception for prescribed heritage laws\n (3) This section does not apply to a heritage law prescribed by regulation for the purposes of this subsection.\n Relationship of this section with the rest of this Part\n (4) This section does not limit any other section of this Part, and is not limited by any other section of this Part.\n\n#### 14 Relationship with other laws\n\n This Part has effect despite:\n (a) any other law of the Commonwealth (whether made before or after the commencement of this section); and\n (b) any rule of common law or equity (including, for example, a rule of private international law).\n\n## Part 3—Approval of institutions\n\n### Division 1—Approval\n\n#### 15 Approval\n\n (1) On application by or on behalf of a borrowing institution, the Minister may approve the institution, for a specified period not more than 60 months, by notice given to the institution and published on the Department’s website.\n Considerations in deciding whether to approve\n (2) In deciding whether to approve a borrowing institution, the Minister must consider:\n (a) the institution’s curatorial expertise and expertise in management of collections; and\n (b) the procedures used by the institution to identify the provenance of objects collected or exhibited by the institution; and\n (c) the procedures used by the institution to identify objects in a foreign country that could be the subject of temporary loan arrangements for exhibition under arrangements made by the institution; and\n (d) the procedures used by the institution or by its parent for negotiating temporary loan arrangements for objects that are normally in a foreign country (whether those arrangements are with lenders or exhibition facilitators); and\n (e) whether the institution often publicly exhibits in Australia objects that are normally in a foreign country; and\n (f) the matters (if any) prescribed by regulation for the purposes of this paragraph.\n This does not limit the matters the Minister may consider.\n Approval is not a legislative instrument\n (3) A notice under subsection (1) is not a legislative instrument.\n\n#### 16 Conditions on approval\n\n (1) The Minister may impose, vary and revoke conditions on the approval of a borrowing institution, by notice given to the institution and published on the Department’s website.\n (2) A notice under subsection (1) is not a legislative instrument.\n\n### Division 2—Revocation of approval\n\n#### 17 Revocation of approval\n\n (1) The Minister may revoke an approval of a borrowing institution by notice given to the institution and published on the Department’s website if the Minister is satisfied:\n (a) that there has been:\n (i) a contravention of a regulation involving the institution; or\n (ii) a contravention of any conditions on the approval; or\n (b) that the approval should be revoked, having regard to the matters described in paragraphs 15(2)(a), (b), (c), (d), (e) and (f) and any other relevant matters.\n (2) A notice under subsection (1) is not a legislative instrument.\n\n### Division 3—Review of decisions\n\n#### 18 Review by the Administrative Review Tribunal\n\n Applications may be made to the Administrative Review Tribunal for decisions of the Minister:\n (a) to refuse to approve a borrowing institution under section 15; or\n (b) to impose or vary under section 16 a condition on the approval of a borrowing institution; or\n (c) to revoke under section 17 an approval of a borrowing institution.\n\n## Part 4—Miscellaneous\n\n#### 19 Delegation\n\n The Minister may, by writing, delegate all or any of his or her functions and powers under this Act, except section 21, to an SES employee or acting SES employee in the Department.\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n#### 20 Compensation for acquisition of property\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may start proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n#### 21 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Before the Governor‑General makes a regulation prescribing a law of the Commonwealth for the purposes of paragraph 8(1)(e), the Minister must be satisfied that the law to be prescribed gives effect to an agreement between Australia and one or more foreign countries or international organisations.\n (3) A regulation may make provision relating to:\n (a) the consultation by borrowing institutions, or their parents, of members of communities, or organisations representing them, about proposed loans of objects relating to those communities to the institutions or parents by lenders or exhibition facilitators; and\n (b) the consultation by borrowing institutions, or their parents, of persons or bodies responsible for archives of States or Territories about proposed loans of objects relevant to those archives to the institutions or parents by lenders or exhibition facilitators; and\n (c) the publication of information by borrowing institutions or their parents about objects proposed to be lent to them by lenders or exhibition facilitators; and\n (d) the action to be taken by a borrowing institution, or a parent of a borrowing institution, if it becomes aware of an act or event:\n (i) that relates to an object to which Part 2 applies in connection with the institution; and\n (ii) that the institution or parent believes may be or lead to a contravention of Part 2; and\n (e) the giving to the Minister of reports on activities of borrowing institutions relevant to the operation of this Act or a regulation in a financial year by the next 31 October after the financial year; and\n (f) the giving to the Minister of other reports relevant to the operation of this Act or a regulation.\n This does not limit subsection (1).","sortOrder":16},{"sectionNumber":"Division 1","sectionType":"division","heading":"Approval","content":"An Act to encourage the loan of objects from overseas for temporary public exhibition in Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Protection of Cultural Objects on Loan Act 2013.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

14 March 2013

2. Sections 3 to 21

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

14 September 2013

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Objects of this Act\n\n (1) The main object of this Act is to encourage lenders to lend objects for temporary public exhibition in Australia under arrangements involving certain institutions.\n (2) This Act seeks to achieve that object by limiting the circumstances in which ownership or physical possession, custody or control of the objects in Australia can be affected by:\n (a) legal proceedings; or\n (b) the enforcement of a judgement or order of a court; or\n (c) an action taken under a law of the Commonwealth, a State or a Territory; or\n (d) the operation of such a law.\n\n#### 4 Simplified outline\n\n The following is a simplified outline of this Act:\n\nThis Act deals with objects that are normally in a foreign country but are imported into Australia on loan for temporary public exhibition under arrangements made by certain institutions approved by the Minister.\n\nWhile the objects are in Australia, Part 2 limits the circumstances in which lenders, exhibition facilitators, exhibiting institutions and people working for any of them can lose ownership or physical possession, custody or control of the objects because of:\n\n(a) legal proceedings in Australian or foreign courts; or\n\n(b) the exercise of certain powers (such as powers of seizure) under Commonwealth, State and Territory laws; or\n\n(c) the operation of such laws.\n\nPart 3 deals with the approval of institutions by the Minister, and the end of such approval.\n\nPart 4 deals with miscellaneous matters.\n\n#### 5 Definitions\n\n In this Act:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> borrowing institution means an organisation (whether a person or not) that:\n\n (a) collects and publicly exhibits in Australia objects that are of interest for archaeological, artistic, ethnological, historical, literary, scientific or technological reasons; and\n (b) is either:\n (i) established by a law of the Commonwealth, a State or a Territory, except a law prescribed by regulation for the purposes of this subparagraph; or\n (ii) prescribed by regulation as a borrowing institution.\n\n> Note: For prescription by class, see subsection 13(3) of the Legislation Act 2003.\n\n> exhibiting institution for an object means the borrowing institution that has made arrangements for the temporary public exhibition of the object in Australia.\n\n> exhibition facilitator for an object means a person who:\n\n (a) has a temporary loan arrangement for the object with a lender of the object; and\n (b) has a temporary loan arrangement for the object with:\n (i) an exhibiting institution for the object; or\n (ii) the parent of such an institution; and\n (c) is not a lender of the object, an exhibiting institution for the object or the parent of such an institution; and\n (d) carries on a business (whether or not for profit) of making arrangements for temporary public exhibitions in Australia of objects from collections outside Australia.\n\n> heritage law means a law of the Commonwealth, a State or a Territory that relates to heritage, whether or not the law relates to:\n\n (a) heritage of a particular community, such as Aboriginal or Torres Strait Islander heritage; or\n (b) heritage of a particular kind, such as:\n (i) objects associated with historic shipwrecks; or\n (ii) records of government; or\n (iii) other archival material.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> lender of an object means a person who:\n\n (a) is:\n (i) an individual who is not ordinarily resident in Australia; or\n (ii) a corporation incorporated by or under the law of a foreign country; or\n (iii) a body politic of a foreign country (or part of a foreign country); and\n (b) is a party to a temporary loan arrangement (the head arrangement) for the object with a borrowing institution, the parent of a borrowing institution or a person who:\n (i) has, or may reasonably be expected to have in future as a result of the head arrangement, a temporary loan arrangement for the object with a borrowing institution or the parent of a borrowing institution; and\n (ii) is not an exhibiting institution for the object or the parent of such an institution; and\n (iii) carries on a business (whether or not for profit) of making arrangements for temporary public exhibitions in Australia of objects from collections outside Australia; and\n (c) would reasonably be expected to have physical possession, custody or control of the object outside Australia for the period of the loan under the head arrangement, apart from that arrangement.\n\n> loan of an object includes an arrangement for:\n\n (a) the temporary transfer of the physical possession, custody or control of the object directly or indirectly from one person to another person, whether or not any consideration is provided for the transfer; and\n (b) the transfer of the physical possession, custody or control of the object directly or indirectly from the other person back to the first person.\n\n> parent of a borrowing institution that is not a person means:\n\n (a) if the institution is a Department of State, or part of such a Department, of the Commonwealth, a State or a Territory—the Commonwealth, State or Territory (as appropriate); or\n (b) if the operations of the institution are a distinct part of the operations of a body corporate—that body.\n\n> protected person for an object means:\n\n (a) a lender of the object; or\n (b) an officer, employee or agent of a lender of the object who accompanies the object for some or all of the time it is on loan; or\n (c) an exhibition facilitator for the object, an exhibiting institution for the object or the parent of such an institution; or\n (d) a person who is:\n (i) an officer, employee, agent or delegate of an exhibition facilitator for the object; or\n (ii) an officer, employee, agent or delegate of an exhibiting institution for the object or the parent of such an institution; or\n (e) a person engaged by a lender of the object, an exhibition facilitator for the object or an institution or parent described in paragraph (c) to do any of the following:\n (i) transport the object from one place in Australia to another or between Australia and a foreign country;\n (ii) carry out conservation work on the object in Australia;\n (iii) store the object in Australia;\n (iv) provide security for the object while it is being transported between Australia and a foreign country or while it is in Australia;\n (v) provide a service that relates to the object and is prescribed by regulation; or\n (f) an officer, employee, agent or delegate of a person described in paragraph (e).\n\n> temporary loan arrangement for an object means an arrangement for the loan of the object for temporary public exhibition of the object in Australia under arrangements made by a borrowing institution.\n\n#### 6 This Act binds the Crown\n\n This Act binds the Crown in each of its capacities.\n\n#### 7 Extension to external Territories\n\n This Act extends to every external Territory.\n\n## Part 2—Protection\n\n#### 8 Application of this Part\n\n (1) This Part applies to an object if:\n (a) 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:\n (i) an exhibiting institution for the object or the parent of such an institution;\n (ii) 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\n (b) 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\n (c) the institution is approved under Part 3 when the object is imported; and\n (d) one or more of the following circumstances exist:\n (i) the loan is in the course of trade or commerce between Australia and a foreign country;\n (ii) the lender of the object is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution;\n (iii) 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;\n (iv) the parent of the institution or the exhibition facilitator is the Commonwealth or a Territory;\n (v) the public exhibition of the object is to occur, is occurring or has occurred in a Territory;\n (vi) 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;\n (vii) 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\n (e) the import does not contravene a law of the Commonwealth prescribed by regulation for the purposes of this paragraph; and\n (f) 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\n (g) the object is not specified in a written notice that:\n (i) 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\n (ii) was in a form approved by the Minister; and\n (iii) has not been withdrawn before the object is imported.\n\n> Note: 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.\n\n (2) This Part ceases to apply to the object:\n (a) when one of the following events occurs:\n (i) the end of 24 months starting on the day the object is imported into Australia;\n (ii) the export of the object from Australia; or\n (b) 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:\n (i) is worked out in accordance with the declaration; and\n (ii) is at least 24 months after the day the object is imported into Australia;\n at the time worked out in accordance with the declaration.\n (3) The Minister may make a declaration for the purposes of paragraph (2)(b):\n (a) only on application by the exhibiting institution; and\n (b) only if the Minister is satisfied that exceptional circumstances justify the making of the declaration.\n (4) A declaration made under subsection (3) is not a legislative instrument.\n Certain movements of objects are not import or export\n (5) 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).\n\n#### 9 Protection from suit\n\n Actions in personam\n (1) Proceedings for an action in personam relating to the object cannot be started against a protected person for the object.\n\n> Note: If such proceedings have been started before this Part applies to the object, a judgement or order made in the proceedings cannot be enforced while this Part applies to the object: see section 10.\n\n Actions in rem\n (2) Proceedings for an action in rem relating to the object cannot be started.\n\n> Note: If such proceedings have been started before this Part applies to the object, a judgement or order made in the proceedings cannot be enforced while this Part applies to the object: see section 10.\n\n Exception for protected persons starting proceedings\n (3) Subsections (1) and (2) do not prevent a person who is a protected person for the object because of a particular paragraph of the definition of protected person in section 5 from starting proceedings against a person who is a protected person for the object because of that paragraph, or a later paragraph, of that definition.\n\n> Note: Example: An exhibiting institution can start an action against a person it engages to transport the object, because:\n\n (a) the exhibiting institution is a protected person because of paragraph (c) of the definition of protected person; and\n (b) the person engaged to transport the object is a protected person because of paragraph (e) of that definition.\n Exception for certain proceedings\n (4) Subsections (1) and (2) do not apply to:\n (a) proceedings under the Proceeds of Crime Act 2002; or\n (b) proceedings prescribed by regulation for the purposes of this subsection.\n This section applies to starting of proceedings in any way\n (5) This section applies to the starting of proceedings in a federal court or a court of a State or Territory by claim, cross‑claim or otherwise.\n\n#### 10 Protection from enforcement of judgements and orders\n\n (1) An act cannot be done in relation to the object to enforce a judgement or order of a federal court or a court of a State, Territory or foreign country that:\n (a) is a judgement or order in personam against a protected person for the object; or\n (b) is a judgement or order in rem relating to the object.\n Exception for some foreign judgements and awards\n (2) Subsection (1) does not prevent an act from being done:\n (a) under Part 2 of the Foreign Judgments Act 1991 to enforce a judgement of:\n (i) a superior court of a country in relation to which that Part extends; or\n (ii) an inferior court to which that Part extends; or\n (b) under Part 7 of the Trans‑Tasman Proceedings Act 2010 to enforce a judgement of a court of New Zealand; or\n (c) under Part II of the International Arbitration Act 1974.\n Exception for judgements and orders favouring protected persons\n (3) Subsection (1) does not prevent an act from being done to enforce a judgement or order in favour of a protected person for the object, unless:\n (a) that person is a protected person for the object because of a particular paragraph of the definition of protected person in section 5; and\n (b) the judgement or order is against a person who is a protected person for the object because of an earlier paragraph of that definition.\n Exception for certain other judgements and orders\n (4) Subsection (1) does not apply to:\n (a) an order made under the Proceeds of Crime Act 2002; or\n (b) a judgement or order made in proceedings prescribed by regulation for the purposes of this subsection.\n\n#### 11 Protection from seizure under statutory powers\n\n (1) The object cannot be seized under a law of the Commonwealth, a State or a Territory.\n (2) Subsection (1) does not prevent seizure under:\n (a) Part IAA of the Crimes Act 1914; or\n (b) Part 3‑5 of the Proceeds of Crime Act 2002; or\n (c) a law of the Commonwealth, a State or a Territory that gives a police officer (however described) a power of seizure and does not give that power to anyone other than a police officer; or\n (d) a law of the Commonwealth, a State or a Territory prescribed by regulation for the purposes of this subsection.\n\n#### 12 Protection from forfeiture\n\n (1) The object cannot be forfeited because of a law of the Commonwealth, a State or a Territory.\n (2) Subsection (1) does not prevent forfeiture (or the possibility of forfeiture) because of:\n (a) Part IAA of the Crimes Act 1914; or\n (b) Part 2‑2 or 2‑3 of the Proceeds of Crime Act 2002; or\n (c) a law of the Commonwealth, a State or a Territory prescribed by regulation for the purposes of this subsection.\n\n#### 13 Protection from heritage laws and things done under them\n\n (1) Nothing in, or done under, a heritage law prohibits or restricts, conditionally or unconditionally, a protected person for the object doing anything in relation to the object for the purpose of:\n (a) giving effect to a temporary loan arrangement for the object (whether or not the person is party to the arrangement); or\n (b) meeting the person’s obligations to another protected person who is party to a temporary loan arrangement for the object.\n (2) Nothing in, or done under, a heritage law affects:\n (a) ownership of the object; or\n (b) physical possession, custody or control of the object by a protected person; or\n (c) a right of a protected person to physical possession, custody or control of the object.\n Exception for prescribed heritage laws\n (3) This section does not apply to a heritage law prescribed by regulation for the purposes of this subsection.\n Relationship of this section with the rest of this Part\n (4) This section does not limit any other section of this Part, and is not limited by any other section of this Part.\n\n#### 14 Relationship with other laws\n\n This Part has effect despite:\n (a) any other law of the Commonwealth (whether made before or after the commencement of this section); and\n (b) any rule of common law or equity (including, for example, a rule of private international law).\n\n## Part 3—Approval of institutions\n\n### Division 1—Approval\n\n#### 15 Approval\n\n (1) On application by or on behalf of a borrowing institution, the Minister may approve the institution, for a specified period not more than 60 months, by notice given to the institution and published on the Department’s website.\n Considerations in deciding whether to approve\n (2) In deciding whether to approve a borrowing institution, the Minister must consider:\n (a) the institution’s curatorial expertise and expertise in management of collections; and\n (b) the procedures used by the institution to identify the provenance of objects collected or exhibited by the institution; and\n (c) the procedures used by the institution to identify objects in a foreign country that could be the subject of temporary loan arrangements for exhibition under arrangements made by the institution; and\n (d) the procedures used by the institution or by its parent for negotiating temporary loan arrangements for objects that are normally in a foreign country (whether those arrangements are with lenders or exhibition facilitators); and\n (e) whether the institution often publicly exhibits in Australia objects that are normally in a foreign country; and\n (f) the matters (if any) prescribed by regulation for the purposes of this paragraph.\n This does not limit the matters the Minister may consider.\n Approval is not a legislative instrument\n (3) A notice under subsection (1) is not a legislative instrument.\n\n#### 16 Conditions on approval\n\n (1) The Minister may impose, vary and revoke conditions on the approval of a borrowing institution, by notice given to the institution and published on the Department’s website.\n (2) A notice under subsection (1) is not a legislative instrument.\n\n### Division 2—Revocation of approval\n\n#### 17 Revocation of approval\n\n (1) The Minister may revoke an approval of a borrowing institution by notice given to the institution and published on the Department’s website if the Minister is satisfied:\n (a) that there has been:\n (i) a contravention of a regulation involving the institution; or\n (ii) a contravention of any conditions on the approval; or\n (b) that the approval should be revoked, having regard to the matters described in paragraphs 15(2)(a), (b), (c), (d), (e) and (f) and any other relevant matters.\n (2) A notice under subsection (1) is not a legislative instrument.\n\n### Division 3—Review of decisions\n\n#### 18 Review by the Administrative Review Tribunal\n\n Applications may be made to the Administrative Review Tribunal for decisions of the Minister:\n (a) to refuse to approve a borrowing institution under section 15; or\n (b) to impose or vary under section 16 a condition on the approval of a borrowing institution; or\n (c) to revoke under section 17 an approval of a borrowing institution.\n\n## Part 4—Miscellaneous\n\n#### 19 Delegation\n\n The Minister may, by writing, delegate all or any of his or her functions and powers under this Act, except section 21, to an SES employee or acting SES employee in the Department.\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n#### 20 Compensation for acquisition of property\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may start proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n#### 21 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Before the Governor‑General makes a regulation prescribing a law of the Commonwealth for the purposes of paragraph 8(1)(e), the Minister must be satisfied that the law to be prescribed gives effect to an agreement between Australia and one or more foreign countries or international organisations.\n (3) A regulation may make provision relating to:\n (a) the consultation by borrowing institutions, or their parents, of members of communities, or organisations representing them, about proposed loans of objects relating to those communities to the institutions or parents by lenders or exhibition facilitators; and\n (b) the consultation by borrowing institutions, or their parents, of persons or bodies responsible for archives of States or Territories about proposed loans of objects relevant to those archives to the institutions or parents by lenders or exhibition facilitators; and\n (c) the publication of information by borrowing institutions or their parents about objects proposed to be lent to them by lenders or exhibition facilitators; and\n (d) the action to be taken by a borrowing institution, or a parent of a borrowing institution, if it becomes aware of an act or event:\n (i) that relates to an object to which Part 2 applies in connection with the institution; and\n (ii) that the institution or parent believes may be or lead to a contravention of Part 2; and\n (e) the giving to the Minister of reports on activities of borrowing institutions relevant to the operation of this Act or a regulation in a financial year by the next 31 October after the financial year; and\n (f) the giving to the Minister of other reports relevant to the operation of this Act or a regulation.\n This does not limit subsection (1).","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Approval","content":"#### 15 Approval\n\n (1) On application by or on behalf of a borrowing institution, the Minister may approve the institution, for a specified period not more than 60 months, by notice given to the institution and published on the Department’s website.\n Considerations in deciding whether to approve\n (2) In deciding whether to approve a borrowing institution, the Minister must consider:\n (a) the institution’s curatorial expertise and expertise in management of collections; and\n (b) the procedures used by the institution to identify the provenance of objects collected or exhibited by the institution; and\n (c) the procedures used by the institution to identify objects in a foreign country that could be the subject of temporary loan arrangements for exhibition under arrangements made by the institution; and\n (d) the procedures used by the institution or by its parent for negotiating temporary loan arrangements for objects that are normally in a foreign country (whether those arrangements are with lenders or exhibition facilitators); and\n (e) whether the institution often publicly exhibits in Australia objects that are normally in a foreign country; and\n (f) the matters (if any) prescribed by regulation for the purposes of this paragraph.\n This does not limit the matters the Minister may consider.\n Approval is not a legislative instrument\n (3) A notice under subsection (1) is not a legislative instrument.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Conditions on approval","content":"#### 16 Conditions on approval\n\n (1) The Minister may impose, vary and revoke conditions on the approval of a borrowing institution, by notice given to the institution and published on the Department’s website.\n (2) A notice under subsection (1) is not a legislative instrument.","sortOrder":19},{"sectionNumber":"Division 2","sectionType":"division","heading":"Revocation of approval","content":"An Act to encourage the loan of objects from overseas for temporary public exhibition in Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Protection of Cultural Objects on Loan Act 2013.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

14 March 2013

2. Sections 3 to 21

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

14 September 2013

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Objects of this Act\n\n (1) The main object of this Act is to encourage lenders to lend objects for temporary public exhibition in Australia under arrangements involving certain institutions.\n (2) This Act seeks to achieve that object by limiting the circumstances in which ownership or physical possession, custody or control of the objects in Australia can be affected by:\n (a) legal proceedings; or\n (b) the enforcement of a judgement or order of a court; or\n (c) an action taken under a law of the Commonwealth, a State or a Territory; or\n (d) the operation of such a law.\n\n#### 4 Simplified outline\n\n The following is a simplified outline of this Act:\n\nThis Act deals with objects that are normally in a foreign country but are imported into Australia on loan for temporary public exhibition under arrangements made by certain institutions approved by the Minister.\n\nWhile the objects are in Australia, Part 2 limits the circumstances in which lenders, exhibition facilitators, exhibiting institutions and people working for any of them can lose ownership or physical possession, custody or control of the objects because of:\n\n(a) legal proceedings in Australian or foreign courts; or\n\n(b) the exercise of certain powers (such as powers of seizure) under Commonwealth, State and Territory laws; or\n\n(c) the operation of such laws.\n\nPart 3 deals with the approval of institutions by the Minister, and the end of such approval.\n\nPart 4 deals with miscellaneous matters.\n\n#### 5 Definitions\n\n In this Act:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> borrowing institution means an organisation (whether a person or not) that:\n\n (a) collects and publicly exhibits in Australia objects that are of interest for archaeological, artistic, ethnological, historical, literary, scientific or technological reasons; and\n (b) is either:\n (i) established by a law of the Commonwealth, a State or a Territory, except a law prescribed by regulation for the purposes of this subparagraph; or\n (ii) prescribed by regulation as a borrowing institution.\n\n> Note: For prescription by class, see subsection 13(3) of the Legislation Act 2003.\n\n> exhibiting institution for an object means the borrowing institution that has made arrangements for the temporary public exhibition of the object in Australia.\n\n> exhibition facilitator for an object means a person who:\n\n (a) has a temporary loan arrangement for the object with a lender of the object; and\n (b) has a temporary loan arrangement for the object with:\n (i) an exhibiting institution for the object; or\n (ii) the parent of such an institution; and\n (c) is not a lender of the object, an exhibiting institution for the object or the parent of such an institution; and\n (d) carries on a business (whether or not for profit) of making arrangements for temporary public exhibitions in Australia of objects from collections outside Australia.\n\n> heritage law means a law of the Commonwealth, a State or a Territory that relates to heritage, whether or not the law relates to:\n\n (a) heritage of a particular community, such as Aboriginal or Torres Strait Islander heritage; or\n (b) heritage of a particular kind, such as:\n (i) objects associated with historic shipwrecks; or\n (ii) records of government; or\n (iii) other archival material.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> lender of an object means a person who:\n\n (a) is:\n (i) an individual who is not ordinarily resident in Australia; or\n (ii) a corporation incorporated by or under the law of a foreign country; or\n (iii) a body politic of a foreign country (or part of a foreign country); and\n (b) is a party to a temporary loan arrangement (the head arrangement) for the object with a borrowing institution, the parent of a borrowing institution or a person who:\n (i) has, or may reasonably be expected to have in future as a result of the head arrangement, a temporary loan arrangement for the object with a borrowing institution or the parent of a borrowing institution; and\n (ii) is not an exhibiting institution for the object or the parent of such an institution; and\n (iii) carries on a business (whether or not for profit) of making arrangements for temporary public exhibitions in Australia of objects from collections outside Australia; and\n (c) would reasonably be expected to have physical possession, custody or control of the object outside Australia for the period of the loan under the head arrangement, apart from that arrangement.\n\n> loan of an object includes an arrangement for:\n\n (a) the temporary transfer of the physical possession, custody or control of the object directly or indirectly from one person to another person, whether or not any consideration is provided for the transfer; and\n (b) the transfer of the physical possession, custody or control of the object directly or indirectly from the other person back to the first person.\n\n> parent of a borrowing institution that is not a person means:\n\n (a) if the institution is a Department of State, or part of such a Department, of the Commonwealth, a State or a Territory—the Commonwealth, State or Territory (as appropriate); or\n (b) if the operations of the institution are a distinct part of the operations of a body corporate—that body.\n\n> protected person for an object means:\n\n (a) a lender of the object; or\n (b) an officer, employee or agent of a lender of the object who accompanies the object for some or all of the time it is on loan; or\n (c) an exhibition facilitator for the object, an exhibiting institution for the object or the parent of such an institution; or\n (d) a person who is:\n (i) an officer, employee, agent or delegate of an exhibition facilitator for the object; or\n (ii) an officer, employee, agent or delegate of an exhibiting institution for the object or the parent of such an institution; or\n (e) a person engaged by a lender of the object, an exhibition facilitator for the object or an institution or parent described in paragraph (c) to do any of the following:\n (i) transport the object from one place in Australia to another or between Australia and a foreign country;\n (ii) carry out conservation work on the object in Australia;\n (iii) store the object in Australia;\n (iv) provide security for the object while it is being transported between Australia and a foreign country or while it is in Australia;\n (v) provide a service that relates to the object and is prescribed by regulation; or\n (f) an officer, employee, agent or delegate of a person described in paragraph (e).\n\n> temporary loan arrangement for an object means an arrangement for the loan of the object for temporary public exhibition of the object in Australia under arrangements made by a borrowing institution.\n\n#### 6 This Act binds the Crown\n\n This Act binds the Crown in each of its capacities.\n\n#### 7 Extension to external Territories\n\n This Act extends to every external Territory.\n\n## Part 2—Protection\n\n#### 8 Application of this Part\n\n (1) This Part applies to an object if:\n (a) 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:\n (i) an exhibiting institution for the object or the parent of such an institution;\n (ii) 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\n (b) 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\n (c) the institution is approved under Part 3 when the object is imported; and\n (d) one or more of the following circumstances exist:\n (i) the loan is in the course of trade or commerce between Australia and a foreign country;\n (ii) the lender of the object is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution;\n (iii) 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;\n (iv) the parent of the institution or the exhibition facilitator is the Commonwealth or a Territory;\n (v) the public exhibition of the object is to occur, is occurring or has occurred in a Territory;\n (vi) 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;\n (vii) 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\n (e) the import does not contravene a law of the Commonwealth prescribed by regulation for the purposes of this paragraph; and\n (f) 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\n (g) the object is not specified in a written notice that:\n (i) 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\n (ii) was in a form approved by the Minister; and\n (iii) has not been withdrawn before the object is imported.\n\n> Note: 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.\n\n (2) This Part ceases to apply to the object:\n (a) when one of the following events occurs:\n (i) the end of 24 months starting on the day the object is imported into Australia;\n (ii) the export of the object from Australia; or\n (b) 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:\n (i) is worked out in accordance with the declaration; and\n (ii) is at least 24 months after the day the object is imported into Australia;\n at the time worked out in accordance with the declaration.\n (3) The Minister may make a declaration for the purposes of paragraph (2)(b):\n (a) only on application by the exhibiting institution; and\n (b) only if the Minister is satisfied that exceptional circumstances justify the making of the declaration.\n (4) A declaration made under subsection (3) is not a legislative instrument.\n Certain movements of objects are not import or export\n (5) 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).\n\n#### 9 Protection from suit\n\n Actions in personam\n (1) Proceedings for an action in personam relating to the object cannot be started against a protected person for the object.\n\n> Note: If such proceedings have been started before this Part applies to the object, a judgement or order made in the proceedings cannot be enforced while this Part applies to the object: see section 10.\n\n Actions in rem\n (2) Proceedings for an action in rem relating to the object cannot be started.\n\n> Note: If such proceedings have been started before this Part applies to the object, a judgement or order made in the proceedings cannot be enforced while this Part applies to the object: see section 10.\n\n Exception for protected persons starting proceedings\n (3) Subsections (1) and (2) do not prevent a person who is a protected person for the object because of a particular paragraph of the definition of protected person in section 5 from starting proceedings against a person who is a protected person for the object because of that paragraph, or a later paragraph, of that definition.\n\n> Note: Example: An exhibiting institution can start an action against a person it engages to transport the object, because:\n\n (a) the exhibiting institution is a protected person because of paragraph (c) of the definition of protected person; and\n (b) the person engaged to transport the object is a protected person because of paragraph (e) of that definition.\n Exception for certain proceedings\n (4) Subsections (1) and (2) do not apply to:\n (a) proceedings under the Proceeds of Crime Act 2002; or\n (b) proceedings prescribed by regulation for the purposes of this subsection.\n This section applies to starting of proceedings in any way\n (5) This section applies to the starting of proceedings in a federal court or a court of a State or Territory by claim, cross‑claim or otherwise.\n\n#### 10 Protection from enforcement of judgements and orders\n\n (1) An act cannot be done in relation to the object to enforce a judgement or order of a federal court or a court of a State, Territory or foreign country that:\n (a) is a judgement or order in personam against a protected person for the object; or\n (b) is a judgement or order in rem relating to the object.\n Exception for some foreign judgements and awards\n (2) Subsection (1) does not prevent an act from being done:\n (a) under Part 2 of the Foreign Judgments Act 1991 to enforce a judgement of:\n (i) a superior court of a country in relation to which that Part extends; or\n (ii) an inferior court to which that Part extends; or\n (b) under Part 7 of the Trans‑Tasman Proceedings Act 2010 to enforce a judgement of a court of New Zealand; or\n (c) under Part II of the International Arbitration Act 1974.\n Exception for judgements and orders favouring protected persons\n (3) Subsection (1) does not prevent an act from being done to enforce a judgement or order in favour of a protected person for the object, unless:\n (a) that person is a protected person for the object because of a particular paragraph of the definition of protected person in section 5; and\n (b) the judgement or order is against a person who is a protected person for the object because of an earlier paragraph of that definition.\n Exception for certain other judgements and orders\n (4) Subsection (1) does not apply to:\n (a) an order made under the Proceeds of Crime Act 2002; or\n (b) a judgement or order made in proceedings prescribed by regulation for the purposes of this subsection.\n\n#### 11 Protection from seizure under statutory powers\n\n (1) The object cannot be seized under a law of the Commonwealth, a State or a Territory.\n (2) Subsection (1) does not prevent seizure under:\n (a) Part IAA of the Crimes Act 1914; or\n (b) Part 3‑5 of the Proceeds of Crime Act 2002; or\n (c) a law of the Commonwealth, a State or a Territory that gives a police officer (however described) a power of seizure and does not give that power to anyone other than a police officer; or\n (d) a law of the Commonwealth, a State or a Territory prescribed by regulation for the purposes of this subsection.\n\n#### 12 Protection from forfeiture\n\n (1) The object cannot be forfeited because of a law of the Commonwealth, a State or a Territory.\n (2) Subsection (1) does not prevent forfeiture (or the possibility of forfeiture) because of:\n (a) Part IAA of the Crimes Act 1914; or\n (b) Part 2‑2 or 2‑3 of the Proceeds of Crime Act 2002; or\n (c) a law of the Commonwealth, a State or a Territory prescribed by regulation for the purposes of this subsection.\n\n#### 13 Protection from heritage laws and things done under them\n\n (1) Nothing in, or done under, a heritage law prohibits or restricts, conditionally or unconditionally, a protected person for the object doing anything in relation to the object for the purpose of:\n (a) giving effect to a temporary loan arrangement for the object (whether or not the person is party to the arrangement); or\n (b) meeting the person’s obligations to another protected person who is party to a temporary loan arrangement for the object.\n (2) Nothing in, or done under, a heritage law affects:\n (a) ownership of the object; or\n (b) physical possession, custody or control of the object by a protected person; or\n (c) a right of a protected person to physical possession, custody or control of the object.\n Exception for prescribed heritage laws\n (3) This section does not apply to a heritage law prescribed by regulation for the purposes of this subsection.\n Relationship of this section with the rest of this Part\n (4) This section does not limit any other section of this Part, and is not limited by any other section of this Part.\n\n#### 14 Relationship with other laws\n\n This Part has effect despite:\n (a) any other law of the Commonwealth (whether made before or after the commencement of this section); and\n (b) any rule of common law or equity (including, for example, a rule of private international law).\n\n## Part 3—Approval of institutions\n\n### Division 1—Approval\n\n#### 15 Approval\n\n (1) On application by or on behalf of a borrowing institution, the Minister may approve the institution, for a specified period not more than 60 months, by notice given to the institution and published on the Department’s website.\n Considerations in deciding whether to approve\n (2) In deciding whether to approve a borrowing institution, the Minister must consider:\n (a) the institution’s curatorial expertise and expertise in management of collections; and\n (b) the procedures used by the institution to identify the provenance of objects collected or exhibited by the institution; and\n (c) the procedures used by the institution to identify objects in a foreign country that could be the subject of temporary loan arrangements for exhibition under arrangements made by the institution; and\n (d) the procedures used by the institution or by its parent for negotiating temporary loan arrangements for objects that are normally in a foreign country (whether those arrangements are with lenders or exhibition facilitators); and\n (e) whether the institution often publicly exhibits in Australia objects that are normally in a foreign country; and\n (f) the matters (if any) prescribed by regulation for the purposes of this paragraph.\n This does not limit the matters the Minister may consider.\n Approval is not a legislative instrument\n (3) A notice under subsection (1) is not a legislative instrument.\n\n#### 16 Conditions on approval\n\n (1) The Minister may impose, vary and revoke conditions on the approval of a borrowing institution, by notice given to the institution and published on the Department’s website.\n (2) A notice under subsection (1) is not a legislative instrument.\n\n### Division 2—Revocation of approval\n\n#### 17 Revocation of approval\n\n (1) The Minister may revoke an approval of a borrowing institution by notice given to the institution and published on the Department’s website if the Minister is satisfied:\n (a) that there has been:\n (i) a contravention of a regulation involving the institution; or\n (ii) a contravention of any conditions on the approval; or\n (b) that the approval should be revoked, having regard to the matters described in paragraphs 15(2)(a), (b), (c), (d), (e) and (f) and any other relevant matters.\n (2) A notice under subsection (1) is not a legislative instrument.\n\n### Division 3—Review of decisions\n\n#### 18 Review by the Administrative Review Tribunal\n\n Applications may be made to the Administrative Review Tribunal for decisions of the Minister:\n (a) to refuse to approve a borrowing institution under section 15; or\n (b) to impose or vary under section 16 a condition on the approval of a borrowing institution; or\n (c) to revoke under section 17 an approval of a borrowing institution.\n\n## Part 4—Miscellaneous\n\n#### 19 Delegation\n\n The Minister may, by writing, delegate all or any of his or her functions and powers under this Act, except section 21, to an SES employee or acting SES employee in the Department.\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n#### 20 Compensation for acquisition of property\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may start proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n#### 21 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Before the Governor‑General makes a regulation prescribing a law of the Commonwealth for the purposes of paragraph 8(1)(e), the Minister must be satisfied that the law to be prescribed gives effect to an agreement between Australia and one or more foreign countries or international organisations.\n (3) A regulation may make provision relating to:\n (a) the consultation by borrowing institutions, or their parents, of members of communities, or organisations representing them, about proposed loans of objects relating to those communities to the institutions or parents by lenders or exhibition facilitators; and\n (b) the consultation by borrowing institutions, or their parents, of persons or bodies responsible for archives of States or Territories about proposed loans of objects relevant to those archives to the institutions or parents by lenders or exhibition facilitators; and\n (c) the publication of information by borrowing institutions or their parents about objects proposed to be lent to them by lenders or exhibition facilitators; and\n (d) the action to be taken by a borrowing institution, or a parent of a borrowing institution, if it becomes aware of an act or event:\n (i) that relates to an object to which Part 2 applies in connection with the institution; and\n (ii) that the institution or parent believes may be or lead to a contravention of Part 2; and\n (e) the giving to the Minister of reports on activities of borrowing institutions relevant to the operation of this Act or a regulation in a financial year by the next 31 October after the financial year; and\n (f) the giving to the Minister of other reports relevant to the operation of this Act or a regulation.\n This does not limit subsection (1).","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Revocation of approval","content":"#### 17 Revocation of approval\n\n (1) The Minister may revoke an approval of a borrowing institution by notice given to the institution and published on the Department’s website if the Minister is satisfied:\n (a) that there has been:\n (i) a contravention of a regulation involving the institution; or\n (ii) a contravention of any conditions on the approval; or\n (b) that the approval should be revoked, having regard to the matters described in paragraphs 15(2)(a), (b), (c), (d), (e) and (f) and any other relevant matters.\n (2) A notice under subsection (1) is not a legislative instrument.","sortOrder":21},{"sectionNumber":"Division 3","sectionType":"division","heading":"Review of decisions","content":"An Act to encourage the loan of objects from overseas for temporary public exhibition in Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Protection of Cultural Objects on Loan Act 2013.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

14 March 2013

2. Sections 3 to 21

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

14 September 2013

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Objects of this Act\n\n (1) The main object of this Act is to encourage lenders to lend objects for temporary public exhibition in Australia under arrangements involving certain institutions.\n (2) This Act seeks to achieve that object by limiting the circumstances in which ownership or physical possession, custody or control of the objects in Australia can be affected by:\n (a) legal proceedings; or\n (b) the enforcement of a judgement or order of a court; or\n (c) an action taken under a law of the Commonwealth, a State or a Territory; or\n (d) the operation of such a law.\n\n#### 4 Simplified outline\n\n The following is a simplified outline of this Act:\n\nThis Act deals with objects that are normally in a foreign country but are imported into Australia on loan for temporary public exhibition under arrangements made by certain institutions approved by the Minister.\n\nWhile the objects are in Australia, Part 2 limits the circumstances in which lenders, exhibition facilitators, exhibiting institutions and people working for any of them can lose ownership or physical possession, custody or control of the objects because of:\n\n(a) legal proceedings in Australian or foreign courts; or\n\n(b) the exercise of certain powers (such as powers of seizure) under Commonwealth, State and Territory laws; or\n\n(c) the operation of such laws.\n\nPart 3 deals with the approval of institutions by the Minister, and the end of such approval.\n\nPart 4 deals with miscellaneous matters.\n\n#### 5 Definitions\n\n In this Act:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> borrowing institution means an organisation (whether a person or not) that:\n\n (a) collects and publicly exhibits in Australia objects that are of interest for archaeological, artistic, ethnological, historical, literary, scientific or technological reasons; and\n (b) is either:\n (i) established by a law of the Commonwealth, a State or a Territory, except a law prescribed by regulation for the purposes of this subparagraph; or\n (ii) prescribed by regulation as a borrowing institution.\n\n> Note: For prescription by class, see subsection 13(3) of the Legislation Act 2003.\n\n> exhibiting institution for an object means the borrowing institution that has made arrangements for the temporary public exhibition of the object in Australia.\n\n> exhibition facilitator for an object means a person who:\n\n (a) has a temporary loan arrangement for the object with a lender of the object; and\n (b) has a temporary loan arrangement for the object with:\n (i) an exhibiting institution for the object; or\n (ii) the parent of such an institution; and\n (c) is not a lender of the object, an exhibiting institution for the object or the parent of such an institution; and\n (d) carries on a business (whether or not for profit) of making arrangements for temporary public exhibitions in Australia of objects from collections outside Australia.\n\n> heritage law means a law of the Commonwealth, a State or a Territory that relates to heritage, whether or not the law relates to:\n\n (a) heritage of a particular community, such as Aboriginal or Torres Strait Islander heritage; or\n (b) heritage of a particular kind, such as:\n (i) objects associated with historic shipwrecks; or\n (ii) records of government; or\n (iii) other archival material.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> lender of an object means a person who:\n\n (a) is:\n (i) an individual who is not ordinarily resident in Australia; or\n (ii) a corporation incorporated by or under the law of a foreign country; or\n (iii) a body politic of a foreign country (or part of a foreign country); and\n (b) is a party to a temporary loan arrangement (the head arrangement) for the object with a borrowing institution, the parent of a borrowing institution or a person who:\n (i) has, or may reasonably be expected to have in future as a result of the head arrangement, a temporary loan arrangement for the object with a borrowing institution or the parent of a borrowing institution; and\n (ii) is not an exhibiting institution for the object or the parent of such an institution; and\n (iii) carries on a business (whether or not for profit) of making arrangements for temporary public exhibitions in Australia of objects from collections outside Australia; and\n (c) would reasonably be expected to have physical possession, custody or control of the object outside Australia for the period of the loan under the head arrangement, apart from that arrangement.\n\n> loan of an object includes an arrangement for:\n\n (a) the temporary transfer of the physical possession, custody or control of the object directly or indirectly from one person to another person, whether or not any consideration is provided for the transfer; and\n (b) the transfer of the physical possession, custody or control of the object directly or indirectly from the other person back to the first person.\n\n> parent of a borrowing institution that is not a person means:\n\n (a) if the institution is a Department of State, or part of such a Department, of the Commonwealth, a State or a Territory—the Commonwealth, State or Territory (as appropriate); or\n (b) if the operations of the institution are a distinct part of the operations of a body corporate—that body.\n\n> protected person for an object means:\n\n (a) a lender of the object; or\n (b) an officer, employee or agent of a lender of the object who accompanies the object for some or all of the time it is on loan; or\n (c) an exhibition facilitator for the object, an exhibiting institution for the object or the parent of such an institution; or\n (d) a person who is:\n (i) an officer, employee, agent or delegate of an exhibition facilitator for the object; or\n (ii) an officer, employee, agent or delegate of an exhibiting institution for the object or the parent of such an institution; or\n (e) a person engaged by a lender of the object, an exhibition facilitator for the object or an institution or parent described in paragraph (c) to do any of the following:\n (i) transport the object from one place in Australia to another or between Australia and a foreign country;\n (ii) carry out conservation work on the object in Australia;\n (iii) store the object in Australia;\n (iv) provide security for the object while it is being transported between Australia and a foreign country or while it is in Australia;\n (v) provide a service that relates to the object and is prescribed by regulation; or\n (f) an officer, employee, agent or delegate of a person described in paragraph (e).\n\n> temporary loan arrangement for an object means an arrangement for the loan of the object for temporary public exhibition of the object in Australia under arrangements made by a borrowing institution.\n\n#### 6 This Act binds the Crown\n\n This Act binds the Crown in each of its capacities.\n\n#### 7 Extension to external Territories\n\n This Act extends to every external Territory.\n\n## Part 2—Protection\n\n#### 8 Application of this Part\n\n (1) This Part applies to an object if:\n (a) 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:\n (i) an exhibiting institution for the object or the parent of such an institution;\n (ii) 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\n (b) 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\n (c) the institution is approved under Part 3 when the object is imported; and\n (d) one or more of the following circumstances exist:\n (i) the loan is in the course of trade or commerce between Australia and a foreign country;\n (ii) the lender of the object is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution;\n (iii) 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;\n (iv) the parent of the institution or the exhibition facilitator is the Commonwealth or a Territory;\n (v) the public exhibition of the object is to occur, is occurring or has occurred in a Territory;\n (vi) 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;\n (vii) 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\n (e) the import does not contravene a law of the Commonwealth prescribed by regulation for the purposes of this paragraph; and\n (f) 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\n (g) the object is not specified in a written notice that:\n (i) 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\n (ii) was in a form approved by the Minister; and\n (iii) has not been withdrawn before the object is imported.\n\n> Note: 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.\n\n (2) This Part ceases to apply to the object:\n (a) when one of the following events occurs:\n (i) the end of 24 months starting on the day the object is imported into Australia;\n (ii) the export of the object from Australia; or\n (b) 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:\n (i) is worked out in accordance with the declaration; and\n (ii) is at least 24 months after the day the object is imported into Australia;\n at the time worked out in accordance with the declaration.\n (3) The Minister may make a declaration for the purposes of paragraph (2)(b):\n (a) only on application by the exhibiting institution; and\n (b) only if the Minister is satisfied that exceptional circumstances justify the making of the declaration.\n (4) A declaration made under subsection (3) is not a legislative instrument.\n Certain movements of objects are not import or export\n (5) 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).\n\n#### 9 Protection from suit\n\n Actions in personam\n (1) Proceedings for an action in personam relating to the object cannot be started against a protected person for the object.\n\n> Note: If such proceedings have been started before this Part applies to the object, a judgement or order made in the proceedings cannot be enforced while this Part applies to the object: see section 10.\n\n Actions in rem\n (2) Proceedings for an action in rem relating to the object cannot be started.\n\n> Note: If such proceedings have been started before this Part applies to the object, a judgement or order made in the proceedings cannot be enforced while this Part applies to the object: see section 10.\n\n Exception for protected persons starting proceedings\n (3) Subsections (1) and (2) do not prevent a person who is a protected person for the object because of a particular paragraph of the definition of protected person in section 5 from starting proceedings against a person who is a protected person for the object because of that paragraph, or a later paragraph, of that definition.\n\n> Note: Example: An exhibiting institution can start an action against a person it engages to transport the object, because:\n\n (a) the exhibiting institution is a protected person because of paragraph (c) of the definition of protected person; and\n (b) the person engaged to transport the object is a protected person because of paragraph (e) of that definition.\n Exception for certain proceedings\n (4) Subsections (1) and (2) do not apply to:\n (a) proceedings under the Proceeds of Crime Act 2002; or\n (b) proceedings prescribed by regulation for the purposes of this subsection.\n This section applies to starting of proceedings in any way\n (5) This section applies to the starting of proceedings in a federal court or a court of a State or Territory by claim, cross‑claim or otherwise.\n\n#### 10 Protection from enforcement of judgements and orders\n\n (1) An act cannot be done in relation to the object to enforce a judgement or order of a federal court or a court of a State, Territory or foreign country that:\n (a) is a judgement or order in personam against a protected person for the object; or\n (b) is a judgement or order in rem relating to the object.\n Exception for some foreign judgements and awards\n (2) Subsection (1) does not prevent an act from being done:\n (a) under Part 2 of the Foreign Judgments Act 1991 to enforce a judgement of:\n (i) a superior court of a country in relation to which that Part extends; or\n (ii) an inferior court to which that Part extends; or\n (b) under Part 7 of the Trans‑Tasman Proceedings Act 2010 to enforce a judgement of a court of New Zealand; or\n (c) under Part II of the International Arbitration Act 1974.\n Exception for judgements and orders favouring protected persons\n (3) Subsection (1) does not prevent an act from being done to enforce a judgement or order in favour of a protected person for the object, unless:\n (a) that person is a protected person for the object because of a particular paragraph of the definition of protected person in section 5; and\n (b) the judgement or order is against a person who is a protected person for the object because of an earlier paragraph of that definition.\n Exception for certain other judgements and orders\n (4) Subsection (1) does not apply to:\n (a) an order made under the Proceeds of Crime Act 2002; or\n (b) a judgement or order made in proceedings prescribed by regulation for the purposes of this subsection.\n\n#### 11 Protection from seizure under statutory powers\n\n (1) The object cannot be seized under a law of the Commonwealth, a State or a Territory.\n (2) Subsection (1) does not prevent seizure under:\n (a) Part IAA of the Crimes Act 1914; or\n (b) Part 3‑5 of the Proceeds of Crime Act 2002; or\n (c) a law of the Commonwealth, a State or a Territory that gives a police officer (however described) a power of seizure and does not give that power to anyone other than a police officer; or\n (d) a law of the Commonwealth, a State or a Territory prescribed by regulation for the purposes of this subsection.\n\n#### 12 Protection from forfeiture\n\n (1) The object cannot be forfeited because of a law of the Commonwealth, a State or a Territory.\n (2) Subsection (1) does not prevent forfeiture (or the possibility of forfeiture) because of:\n (a) Part IAA of the Crimes Act 1914; or\n (b) Part 2‑2 or 2‑3 of the Proceeds of Crime Act 2002; or\n (c) a law of the Commonwealth, a State or a Territory prescribed by regulation for the purposes of this subsection.\n\n#### 13 Protection from heritage laws and things done under them\n\n (1) Nothing in, or done under, a heritage law prohibits or restricts, conditionally or unconditionally, a protected person for the object doing anything in relation to the object for the purpose of:\n (a) giving effect to a temporary loan arrangement for the object (whether or not the person is party to the arrangement); or\n (b) meeting the person’s obligations to another protected person who is party to a temporary loan arrangement for the object.\n (2) Nothing in, or done under, a heritage law affects:\n (a) ownership of the object; or\n (b) physical possession, custody or control of the object by a protected person; or\n (c) a right of a protected person to physical possession, custody or control of the object.\n Exception for prescribed heritage laws\n (3) This section does not apply to a heritage law prescribed by regulation for the purposes of this subsection.\n Relationship of this section with the rest of this Part\n (4) This section does not limit any other section of this Part, and is not limited by any other section of this Part.\n\n#### 14 Relationship with other laws\n\n This Part has effect despite:\n (a) any other law of the Commonwealth (whether made before or after the commencement of this section); and\n (b) any rule of common law or equity (including, for example, a rule of private international law).\n\n## Part 3—Approval of institutions\n\n### Division 1—Approval\n\n#### 15 Approval\n\n (1) On application by or on behalf of a borrowing institution, the Minister may approve the institution, for a specified period not more than 60 months, by notice given to the institution and published on the Department’s website.\n Considerations in deciding whether to approve\n (2) In deciding whether to approve a borrowing institution, the Minister must consider:\n (a) the institution’s curatorial expertise and expertise in management of collections; and\n (b) the procedures used by the institution to identify the provenance of objects collected or exhibited by the institution; and\n (c) the procedures used by the institution to identify objects in a foreign country that could be the subject of temporary loan arrangements for exhibition under arrangements made by the institution; and\n (d) the procedures used by the institution or by its parent for negotiating temporary loan arrangements for objects that are normally in a foreign country (whether those arrangements are with lenders or exhibition facilitators); and\n (e) whether the institution often publicly exhibits in Australia objects that are normally in a foreign country; and\n (f) the matters (if any) prescribed by regulation for the purposes of this paragraph.\n This does not limit the matters the Minister may consider.\n Approval is not a legislative instrument\n (3) A notice under subsection (1) is not a legislative instrument.\n\n#### 16 Conditions on approval\n\n (1) The Minister may impose, vary and revoke conditions on the approval of a borrowing institution, by notice given to the institution and published on the Department’s website.\n (2) A notice under subsection (1) is not a legislative instrument.\n\n### Division 2—Revocation of approval\n\n#### 17 Revocation of approval\n\n (1) The Minister may revoke an approval of a borrowing institution by notice given to the institution and published on the Department’s website if the Minister is satisfied:\n (a) that there has been:\n (i) a contravention of a regulation involving the institution; or\n (ii) a contravention of any conditions on the approval; or\n (b) that the approval should be revoked, having regard to the matters described in paragraphs 15(2)(a), (b), (c), (d), (e) and (f) and any other relevant matters.\n (2) A notice under subsection (1) is not a legislative instrument.\n\n### Division 3—Review of decisions\n\n#### 18 Review by the Administrative Review Tribunal\n\n Applications may be made to the Administrative Review Tribunal for decisions of the Minister:\n (a) to refuse to approve a borrowing institution under section 15; or\n (b) to impose or vary under section 16 a condition on the approval of a borrowing institution; or\n (c) to revoke under section 17 an approval of a borrowing institution.\n\n## Part 4—Miscellaneous\n\n#### 19 Delegation\n\n The Minister may, by writing, delegate all or any of his or her functions and powers under this Act, except section 21, to an SES employee or acting SES employee in the Department.\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n#### 20 Compensation for acquisition of property\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may start proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n#### 21 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Before the Governor‑General makes a regulation prescribing a law of the Commonwealth for the purposes of paragraph 8(1)(e), the Minister must be satisfied that the law to be prescribed gives effect to an agreement between Australia and one or more foreign countries or international organisations.\n (3) A regulation may make provision relating to:\n (a) the consultation by borrowing institutions, or their parents, of members of communities, or organisations representing them, about proposed loans of objects relating to those communities to the institutions or parents by lenders or exhibition facilitators; and\n (b) the consultation by borrowing institutions, or their parents, of persons or bodies responsible for archives of States or Territories about proposed loans of objects relevant to those archives to the institutions or parents by lenders or exhibition facilitators; and\n (c) the publication of information by borrowing institutions or their parents about objects proposed to be lent to them by lenders or exhibition facilitators; and\n (d) the action to be taken by a borrowing institution, or a parent of a borrowing institution, if it becomes aware of an act or event:\n (i) that relates to an object to which Part 2 applies in connection with the institution; and\n (ii) that the institution or parent believes may be or lead to a contravention of Part 2; and\n (e) the giving to the Minister of reports on activities of borrowing institutions relevant to the operation of this Act or a regulation in a financial year by the next 31 October after the financial year; and\n (f) the giving to the Minister of other reports relevant to the operation of this Act or a regulation.\n This does not limit subsection (1).","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Review by the Administrative Review Tribunal","content":"#### 18 Review by the Administrative Review Tribunal\n\n Applications may be made to the Administrative Review Tribunal for decisions of the Minister:\n (a) to refuse to approve a borrowing institution under section 15; or\n (b) to impose or vary under section 16 a condition on the approval of a borrowing institution; or\n (c) to revoke under section 17 an approval of a borrowing institution.","sortOrder":23},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"## Part 4—Miscellaneous","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Delegation","content":"#### 19 Delegation\n\n The Minister may, by writing, delegate all or any of his or her functions and powers under this Act, except section 21, to an SES employee or acting SES employee in the Department.\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Compensation for acquisition of property","content":"#### 20 Compensation for acquisition of property\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may start proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Regulations","content":"#### 21 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Before the Governor‑General makes a regulation prescribing a law of the Commonwealth for the purposes of paragraph 8(1)(e), the Minister must be satisfied that the law to be prescribed gives effect to an agreement between Australia and one or more foreign countries or international organisations.\n (3) A regulation may make provision relating to:\n (a) the consultation by borrowing institutions, or their parents, of members of communities, or organisations representing them, about proposed loans of objects relating to those communities to the institutions or parents by lenders or exhibition facilitators; and\n (b) the consultation by borrowing institutions, or their parents, of persons or bodies responsible for archives of States or Territories about proposed loans of objects relevant to those archives to the institutions or parents by lenders or exhibition facilitators; and\n (c) the publication of information by borrowing institutions or their parents about objects proposed to be lent to them by lenders or exhibition facilitators; and\n (d) the action to be taken by a borrowing institution, or a parent of a borrowing institution, if it becomes aware of an act or event:\n (i) that relates to an object to which Part 2 applies in connection with the institution; and\n (ii) that the institution or parent believes may be or lead to a contravention of Part 2; and\n (e) the giving to the Minister of reports on activities of borrowing institutions relevant to the operation of this Act or a regulation in a financial year by the next 31 October after the financial year; and\n (f) the giving to the Minister of other reports relevant to the operation of this Act or a regulation.\n This does not limit subsection (1).","sortOrder":27}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act's scope is consistent with its stated purpose: to encourage international loans of cultural objects for temporary public exhibition in Australia by providing legal protections for lenders and associated parties. The protections, approval regime, and exceptions all align coherently with that goal. No evidence of scope creep beyond the original intent."},"complexity_factors":["Multiple layered definitions that depend on each other (e.g. 'lender' depends on 'temporary loan arrangement', which depends on 'borrowing institution')","Constitutional law hooks — the Act relies on multiple heads of Commonwealth power (ss 51(xx), 51(xxxi), 52(i) of the Constitution), which adds technical complexity","Hierarchical 'protected person' definition with six tiers that affects who can sue whom and in what direction","Numerous exceptions and carve-outs to each protection (e.g. Proceeds of Crime Act, police seizure powers, prescribed heritage laws)","Interaction with multiple other Acts (Foreign Judgments Act 1991, Trans-Tasman Proceedings Act 2010, International Arbitration Act 1974, Proceeds of Crime Act 2002, Crimes Act 1914, Protection of Movable Cultural Heritage Act 1986)","Distinction between actions 'in personam' (against a person) and 'in rem' (against the object itself) requires legal knowledge to navigate","Ministerial discretion at multiple points (approval, conditions, revocation, extension declarations) with regulatory gap-filling","Opt-out mechanism for specific objects via written notice adds a procedural layer","Significant reliance on subordinate regulations for key operational details"],"plain_english_summary":"## What This Law Does\n\nThis Act gives special legal protection to **foreign artworks, artefacts and cultural objects** that are brought into Australia temporarily for public display — think major international exhibitions at the National Gallery or Australian Museum.\n\n## The Problem It Solves\n\nWithout this law, a foreign museum, government or private collector might refuse to lend a priceless object to an Australian institution because they'd fear it could be:\n- **Seized by Australian authorities** (e.g. under customs or heritage laws)\n- **Grabbed by a court** as part of a lawsuit (e.g. someone claims they own the object)\n- **Kept in Australia** against the owner's wishes\n\nThis uncertainty made some lenders unwilling to send their treasures here. The Act removes that risk.\n\n## Who It Affects\n\n- **Foreign lenders** (overseas individuals, museums, foreign governments) — they get strong legal protection while their objects are in Australia\n- **Australian museums and galleries** (called \"borrowing institutions\") — they must be **approved by the Minister** to access these protections\n- **Exhibition facilitators** — middlemen who help arrange loans\n- **Support staff** — conservators, security guards, transporters working on the loan\n- **The general public** — benefits from being able to see world-class exhibitions\n\n## The Key Protections (While the Object is in Australia)\n\n1. **No lawsuits** — You generally can't sue a \"protected person\" (lender, gallery, their staff) in relation to the object\n2. **No court orders enforced against the object** — Even if someone wins a court case, they can't use that judgment to seize the object\n3. **No seizure by government agencies** — Customs, heritage bodies and similar agencies generally can't seize the object (police can still act, as can crime agencies)\n4. **Heritage laws don't apply** — Australian heritage laws (including Aboriginal heritage laws) cannot be used to stop the object being returned\n\n## Important Limits\n\n- Protection lasts **up to 24 months** (extendable in exceptional circumstances)\n- **Crime investigations are exempt** — police and crime agencies (under the Proceeds of Crime Act) can still act\n- Objects already protected under Australia's own cultural heritage laws (\"Class A objects\" under the *Protection of Movable Cultural Heritage Act 1986*) are **excluded**\n- Institutions must be **ministerially approved** (for up to 5 years at a time) and meet standards around curatorial expertise and provenance checking\n- The institution can opt specific objects **out** of protection by notifying the Minister before import\n\n## Who Approves Institutions?\n\nThe **Minister** decides which institutions get approved. They must consider the institution's expertise, provenance (ownership history) checking procedures, and track record with international loans. Approval decisions can be **appealed** to the Administrative Review Tribunal.\n\n## What This Means for Everyday Australians\n\nThis law mostly operates behind the scenes. If you visit a major international exhibition in Australia, this Act is part of what made it possible. It reassures foreign lenders that their objects will be safe and returned — without that guarantee, many world-class exhibitions simply wouldn't come here."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"5 (definition of 'exhibition facilitator') and 5 (definition of 'lender')","severity":"medium","reasoning":"The definition of 'lender' in s.5 requires the lender to have a head arrangement with a borrowing institution or with a person who 'has, or may reasonably be expected to have in future as a result of the head arrangement, a temporary loan arrangement for the object with a borrowing institution'—which is essentially the exhibition facilitator. The exhibition facilitator in turn must already have a 'temporary loan arrangement' with a 'lender of the object'. Both roles require the other to exist first, meaning neither can be established independently without presupposing the other.","confidence":0.72,"description":"Circular definitional dependency: 'exhibition facilitator' is defined by reference to having a 'temporary loan arrangement' with a 'lender of the object', while 'lender of the object' is defined by reference to having a 'temporary loan arrangement' with a borrowing institution or 'a person who' meets criteria that effectively describe an exhibition facilitator. Each definition depends on the other being already established, creating a bootstrapping problem."},{"type":"impossible_compliance","section":"8(1)(g)","severity":"medium","reasoning":"The notice must be given before a regulatorily-prescribed time that itself must precede import. If no regulation prescribing that time has been made, the condition cannot be satisfied at all, rendering the opt-out mechanism either permanently inoperative or wholly dependent on subordinate legislation that may never be made. An institution cannot file a notice 'before a time prescribed by regulation' if no such time has been prescribed.","confidence":0.78,"description":"The exclusion mechanism (opt-out notice) is practically incoherent: an institution can exclude an object from protection by filing a notice before a 'time prescribed by regulation' that was 'before the object is imported'. However, the time prescribed by regulation could be set at any point, including after the Act commences but before any particular loan is contemplated, making it impossible for institutions to know in advance when the pre-import deadline runs from, or to file meaningful exclusion notices for objects not yet identified."},{"type":"other","section":"8(2)(b)","severity":"low","reasoning":"The structure is not literally impossible but creates an oddity: the only time a declaration is needed is if the object hasn't been exported within 24 months, yet the declaration must be made before the 24-month period ends. The declaration must specify a cessation time of at least 24 months—meaning the minimum declared cessation equals the automatic cessation date, making a declaration declaring exactly 24 months pointless. In practice the only meaningful declarations would exceed 24 months, which is likely the intent, but the drafting creates needless confusion.","confidence":0.65,"description":"The extension mechanism for protection is absurdly structured: the Minister can only extend protection beyond 24 months by declaring that protection ceases 'at a time that is at least 24 months after the day the object is imported'. This means a declaration extending protection must simultaneously declare when protection ceases—it cannot grant indefinite or open-ended extension. More critically, the declaration mechanism only triggers if made 'before an event described in paragraph (a) occurs', meaning an extension declaration must be made before the 24-month mark to be valid, yet the declared cessation time must be at least 24 months—creating a logical paradox where the Minister must act before the natural expiry to set a later expiry, but cannot extend to less than the original period."},{"type":"impossible_compliance","section":"5 (definition of 'lender'), s.8(1)(c)","severity":"medium","reasoning":"Section 15(2) says the Minister 'must consider' whether the institution 'often publicly exhibits' foreign objects. A first-time applicant institution has no such track record. While the subsection does not require the criterion to be satisfied—only considered—it creates an inherent structural disadvantage for new institutions and raises the question of whether the Act can ever bootstrap the first generation of approved institutions without them having a qualifying history.","confidence":0.7,"description":"A borrowing institution must be 'approved under Part 3 when the object is imported' for protection to apply (s.8(1)(c)), but Part 3 approval criteria under s.15(2)(e) include 'whether the institution often publicly exhibits in Australia objects that are normally in a foreign country'. A new institution applying for its first approval cannot satisfy this criterion, yet the criterion is mandatory for the Minister to consider. This creates a Catch-22: institutions need approval to host protected loans, but approval considers a track record of hosting foreign object exhibitions that requires prior approvals to have existed."},{"type":"self_contradicting","section":"9(3) and 5 (definition of 'protected person')","severity":"medium","reasoning":"The hierarchical protection system in s.9(3) is premised on protecting higher-order parties from lower-order parties' claims. But paragraph (b) covers officers/employees/agents of the lender who accompany the object—persons whose primary relationship is with the lender (paragraph (a)). If such a person is wronged by the lender in relation to the object (e.g. the lender refuses to return the object causing them loss), they cannot sue the lender under s.9(1) because the lender is a higher paragraph. The Act thus strips the lender's own staff of remedies against their employer regarding the object.","confidence":0.68,"description":"The exception in s.9(3) permitting protected persons to sue other protected persons 'at the same or later paragraph' creates an asymmetry where a lender (paragraph (a)) cannot be sued by anyone lower in the hierarchy, but a lender can sue anyone. Meanwhile, paragraph (b) persons (officers/agents of the lender who accompany the object) cannot sue paragraph (a) persons (the lender they work for), even if the lender wrongs them in relation to the object. This produces the absurd result that the lender's own employees travelling with the artwork have no recourse against the lender for object-related wrongs while the object is in Australia."},{"type":"other","section":"11(2)(c)","severity":"low","reasoning":"The criterion in s.11(2)(c) that a law must 'give a power of seizure and not give that power to anyone other than a police officer' means a general law of broader application (e.g. covering customs, biosecurity or other enforcement officers) is excluded from the exception. A legislature wishing to ensure seizure capability for cultural objects could achieve this simply by limiting the empowered officer class to police, which is a drafting quirk rather than a principled distinction.","confidence":0.75,"description":"The seizure exception for laws giving seizure powers 'only to police officers' creates a perverse incentive: a law granting seizure power to both police and customs officers would be blocked by s.11(1), while a law granting the same power exclusively to police would be permitted. This means the broader the enforcement capacity granted by a law, the less likely it is to apply—rewarding narrower drafting with greater reach."},{"type":"other","section":"19","severity":"low","reasoning":"Delegation provisions exclude what the delegator cannot delegate. Excluding s.21 from the Minister's delegation implies the Minister has some function or power under s.21 that should not be delegable. In fact s.21(1) vests the regulation-making power in the Governor-General. Section 21(2) requires the 'Minister must be satisfied'—this satisfaction function arguably could be delegated, and may be what the exclusion intends. But the drafting refers to excluding 'section 21' rather than the specific satisfaction function, creating ambiguity about what is actually excluded from delegation.","confidence":0.62,"description":"Section 19 allows the Minister to delegate 'all or any' functions and powers under the Act 'except section 21'. Section 21 is the regulation-making power vested in the Governor-General, not the Minister. The Minister has no personal power under s.21—the Governor-General makes regulations on the Governor-General's own authority (albeit requiring Ministerial satisfaction under s.21(2)). Excluding a provision the Minister has no power over from delegation is a logical nullity."}],"contradictions":[{"severity":"medium","section_a":"3(2)","section_b":"10(2)","confidence":0.73,"description":"Section 3(2) states the Act's object is achieved by 'limiting the circumstances in which ownership or physical possession, custody or control of the objects in Australia can be affected' by enforcement of judgements. However, s.10(2) creates broad exceptions permitting enforcement of foreign judgements under the Foreign Judgments Act 1991, Trans-Tasman Proceedings Act 2010, and International Arbitration Act 1974, which could directly affect ownership or possession of the protected objects. The Act's stated purpose of limiting enforcement-based interference is substantively undermined by these exceptions, which could allow precisely the kinds of foreign claims that foreign lenders most fear."},{"severity":"medium","section_a":"9(1) and 9(2)","section_b":"10(1)","confidence":0.8,"description":"Section 9 prohibits the 'starting' of in personam proceedings against protected persons and in rem proceedings relating to the object. Section 10(1) prohibits enforcement of judgements from both Australian and foreign courts. However, if proceedings were started in a foreign court before Part 2 applies to the object, s.10(1) prevents enforcement but s.9 (which only addresses 'starting' of proceedings in Australian courts per s.9(5)) does not prevent those foreign proceedings from continuing to judgment. This creates an asymmetry: foreign proceedings can continue and produce judgements, those judgements cannot be enforced, but there is no mechanism to halt the foreign proceedings themselves—wasting resources and producing legally nullified outcomes."},{"severity":"medium","section_a":"13(1) and 13(2)","section_b":"11(1) and 12(1)","confidence":0.7,"description":"Section 13(4) states that s.13 'does not limit any other section of this Part, and is not limited by any other section of this Part.' This creates a potential contradiction when read with ss.11-12. If a heritage law authorises seizure or forfeiture, s.11 and s.12 already block those actions. But s.13 independently also blocks heritage laws from affecting possession or ownership. The relationship between these provisions is unclear when a heritage law is prescribed under s.13(3) (removing s.13's protection) but is not prescribed under s.11(2)(d) or s.12(2)(c): does the prescribed heritage law's seizure/forfeiture power revive, or does s.11/s.12 still block it? Section 13(4)'s non-limitation clause makes the interaction indeterminate."},{"severity":"high","section_a":"8(1)(c)","section_b":"17(1)","confidence":0.85,"description":"Section 8(1)(c) requires the institution to be 'approved under Part 3 when the object is imported' for Part 2 protection to apply. Section 17 permits revocation of approval after import. However, the Act contains no provision addressing what happens to Part 2 protection for objects already in Australia when approval is revoked mid-loan. Protection attached at the moment of import (per s.8(1)(c)) but the Act does not state whether revocation of approval strips protection from objects whose import was compliant. This creates a contradiction between the point-in-time approval test at import and the ongoing revocability of approval."},{"severity":"low","section_a":"14","section_b":"20","confidence":0.55,"description":"Section 14 states Part 2 has effect 'despite any other law of the Commonwealth' and 'any rule of common law or equity'. Section 20 provides compensation for acquisition of property where the Act's operation would result in acquisition 'otherwise than on just terms'. The constitutional guarantee of just terms under s.51(xxxi) is a rule of law that technically operates through the Constitution, not ordinary Commonwealth law or common law. However, s.14's sweeping override of 'any other law of the Commonwealth' could be read to override s.20 itself (as another Commonwealth law provision), creating a potential self-referential conflict where the compensation safety-valve is overridden by the same Part it is meant to qualify."},{"severity":"medium","section_a":"9(3)","section_b":"10(3)","confidence":0.72,"description":"Section 9(3) allows a protected person of a higher paragraph to start proceedings against a protected person of the same or later paragraph. Section 10(3) allows enforcement of judgements in favour of protected persons unless the judgement is against a person of an 'earlier paragraph'. These provisions are directionally inconsistent: s.9(3) permits suit by same-paragraph persons against same-paragraph persons, but s.10(3)'s exception blocks enforcement of judgements against 'earlier paragraph' persons—not same-paragraph persons. A judgement won by a paragraph (c) person against another paragraph (c) person (permitted by s.9(3)) would not fall within s.10(3)'s carve-out (which only blocks enforcement against earlier paragraphs), meaning such a judgement could be enforced, but the asymmetry in drafting language between 'same or later paragraph' (s.9(3)) and 'earlier paragraph' (s.10(3)) creates interpretive uncertainty."}]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2531},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains its original scope. It establishes a complete, self-contained scheme covering institutional approval (Part 3), object protection mechanisms (Part 2), and miscellaneous matters including compensation and regulations (Part 4). The scope remains tightly focused on facilitating international loans of cultural objects without expanding into broader areas of cultural heritage law or museum governance."},"complexity_factors":["12+ defined terms with nested sub-definitions (e.g., 'protected person' in section 5 contains 6 hierarchical categories with further sub-paragraphs, and 'lender' contains recursive cross-references to 'head arrangements')","Multiple cross-references to other Commonwealth legislation including the Constitution (ss 51(xx), 51(xxxi), 52(i)), Protection of Movable Cultural Heritage Act 1986, Proceeds of Crime Act 2002, Foreign Judgments Act 1991, Trans-Tasman Proceedings Act 2010, and International Arbitration Act 1974","Layered exception structures: Each protection provision (ss 9-13) contains multiple exceptions, some with their own sub-conditions (e.g., s 10(3) creates a hierarchy of protected persons for enforcement purposes)","Seven alternative constitutional bases for application listed in s 8(1)(d), requiring analysis of trade and commerce powers, foreign corporation status, and territorial connections","Cumulative application criteria in s 8(1) requiring satisfaction of 7 distinct conditions (a-g) for protection to attach, including negative conditions (objects must not be Class A objects, must not be specified in withdrawn notices)","Temporal complexity: Protection lasts 24 months but can be extended by Ministerial declaration based on 'exceptional circumstances' (s 8(2)-(3))"],"plain_english_summary":"**What this law does**\n\nThis Act encourages international museums, galleries, and private collectors to lend valuable cultural objects (artworks, artifacts, historical items, etc.) to Australian institutions for temporary public exhibitions. It does this by shielding those objects from Australian legal processes while they are in the country, giving foreign lenders confidence that their property will be safe from seizure or legal claims.\n\n**Who it affects**\n\n* **Lenders**: Overseas owners (individuals, foreign corporations, or foreign governments) who loan objects to Australia.\n* **Borrowing institutions**: Australian museums, galleries, or archives that collect and publicly exhibit objects of cultural, historical, or scientific interest. These institutions must be approved by the Minister to participate.\n* **Exhibition facilitators**: Middlemen companies that arrange loans between overseas lenders and Australian institutions.\n* **Protected persons**: A broad category including lenders, museum staff, transport companies, security firms, conservators, and anyone else engaged to handle the loaned object.\n\n**How it works**\n\n1. **Institutional approval**: The Minister approves eligible Australian institutions for up to 5 years at a time, assessing their expertise, provenance-checking procedures, and track record (Part 3).\n2. **Protection triggers**: When an approved institution imports a loaned object for public exhibition, the object automatically gains legal protection for up to 24 months (Part 2, section 8).\n3. **Legal immunity**: While protected, the object cannot be:\n * Seized or forfeited under Australian law (with limited exceptions for terrorism financing or proceeds of crime)\n * Taken through court proceedings (neither lawsuits against the lender nor claims against the object itself)\n * Subject to enforcement of foreign court judgments\n * Restricted by Australian heritage laws\n4. **End of protection**: Protection ends when the object is exported, after 24 months (whichever comes first), or earlier if the Minister declares exceptional circumstances justify an extension (section 8).\n\n**Why it matters**\n\nWithout this law, overseas lenders risk losing their property to Australian creditors, family dispute claimants, or heritage seizure laws while objects are on display. This legal uncertainty previously made international lenders reluctant to send valuable items to Australia. The Act creates a \"safe harbour\" that facilitates major international exhibitions."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/protection-of-cultural-objects-on-loan-act-2013","history":"/api/acts/protection-of-cultural-objects-on-loan-act-2013/history","analysis":"/api/acts/protection-of-cultural-objects-on-loan-act-2013/analysis","conflicts":"/api/acts/protection-of-cultural-objects-on-loan-act-2013/conflicts","importantCases":"/api/acts/protection-of-cultural-objects-on-loan-act-2013/important-cases","documents":"/api/acts/protection-of-cultural-objects-on-loan-act-2013/documents"}}