5Definitions

5 Definitions

In this Act:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

Australia, when used in a geographical sense, includes the external Territories.

borrowing institution means an organisation (whether a person or not) that:

(a) collects and publicly exhibits in Australia objects that are of interest for archaeological, artistic, ethnological, historical, literary, scientific or technological reasons; and
(b) is either:
(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
(ii) prescribed by regulation as a borrowing institution.

Note: For prescription by class, see subsection 13(3) of the Legislation Act 2003.

exhibiting institution for an object means the borrowing institution that has made arrangements for the temporary public exhibition of the object in Australia.

exhibition facilitator for an object means a person who:

(a) has a temporary loan arrangement for the object with a lender of the object; and
(b) has a temporary loan arrangement for the object with:
(i) an exhibiting institution for the object; or
(ii) the parent of such an institution; and
(c) is not a lender of the object, an exhibiting institution for the object or the parent of such an institution; and
(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.

heritage law means a law of the Commonwealth, a State or a Territory that relates to heritage, whether or not the law relates to:

(a) heritage of a particular community, such as Aboriginal or Torres Strait Islander heritage; or
(b) heritage of a particular kind, such as:
(i) objects associated with historic shipwrecks; or
(ii) records of government; or
(iii) other archival material.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

lender of an object means a person who:

(a) is:
(i) an individual who is not ordinarily resident in Australia; or
(ii) a corporation incorporated by or under the law of a foreign country; or
(iii) a body politic of a foreign country (or part of a foreign country); and
(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:
(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
(ii) is not an exhibiting institution for the object or the parent of such an institution; and
(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
(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.