Protection of Movable Cultural Heritage Regulations 2018
In ForceCTH
Jurisdiction
Commonwealth
Collection
legislative instrument
Plain English Summary
6/10 complexity
This regulation specifies which movable objects count as Australia’s cultural heritage by listing categories, assigning Class A or B status, and setting age, value and representation thresholds. It affects owners, collectors, dealers, museums and permit applicants because listed items are subject to controls under the Protection of Movable Cultural Heritage Act 1986, including permit, export and exemption procedures. Decisions and expert determinations sit with the Committee and permit authorities; owners must supply evidence (age, provenance, market value, representation) to comply.
These Regulations prescribe the categories, thresholds and procedural particulars that operationalise the Protection of Movable Cultural Heritage Act 1986 for the Commonwealth. Mechanically the instrument does four main things:
It defines key terms used in the instrument, most importantly a functional test of “significance to Australia” and the effect of repair/restoration on an object’s age for Schedule provisions (Regulation 5(1)-(2)).
It prescribes a set of categories for the movable cultural heritage of Australia (Regulation 6) and, by prescribing Schedule 1 for the purposes of subsection 8(1) of the Act, establishes Schedule 1 as the National Cultural Heritage Control List (Regulation 7). Schedule 1 then details nine Parts, each setting category definitions, class (A/B) distinctions, age and representation criteria, and itemised monetary thresholds for particular subcategories (Schedule 1 Parts 1-9).
It fixes administrative time limits for decisions under the Act: a 14‑day period for giving notice of refusal to grant a permit (Regulation 8) and a 14‑day period for giving notice of refusal to grant a certificate of exemption (Regulation 9).
It requires the Committee (the body established under the Act) to maintain a register that sets out the name of each person the Committee has determined to be an expert examiner (Regulation 10).
In effect the Regulations do not create new criminal offences or new administrative sanctions within the text provided. Instead they set out the technical yardsticks by which objects are classified for the purposes of the Act (for example age thresholds, market value thresholds, representation tests and ownership exceptions) and set a couple of procedural timings and an administrative register (expert examiners). The specific control, permit and enforcement mechanisms that attach to objects listed on the National Cultural Heritage Control List are matters for the Act; these Regulations supply the list and the criteria that determine whether an object falls within that list (Regulation 7; Schedule 1).
Current sections
Direct links to the current provisions in Protection of Movable Cultural Heritage Regulations 2018.
17
1
Name
1 Name
This instrument is the Protection of Movable Cultural Heritage Regulations 2018.
3
Authority
3 Authority
This instrument is made under the Protection of Movable Cultural Heritage Act 1986.
5
Definitions
5 Definitions
(1) In this instrument:
Act means the Protection of Movable Cultural Heritage Act 1986.
significance to Australia, for an object, means the object is of Australian origin, has substantial Australian content, or has been used in Australia, and:
(a) is associated with a person, activity, event, place or business enterprise, notable in history; or
(b) has received a national or international award or has a significant association with an international event; or
(c) represents significant technological or social progress for its time; or
(d) is an object of scientific or archaeological interest.
(2) If an object of a kind mentioned in Schedule 1 has been repaired, restored or reassembled, the age of the object is not affected by that action for any provision of Schedule 1 unless the action has substantially modified the object.
6
Categories of objects that are the movable cultural heritage of Australia
6 Categories of objects that are the movable cultural heritage of Australia
For the purposes of paragraph 7(1)(j) of the Act, the following categories are prescribed:
(a) archaeological objects of non‑Australian origin;
(b) natural science objects;
(c) numismatic objects;
(d) objects of social history;
(e) philatelic objects.
7
National Cultural Heritage Control List
7 National Cultural Heritage Control List
For the purposes of subsection 8(1) of the Act, the list of categories set out in Schedule 1 is prescribed.
8
Period for giving notice of refusal to grant permit
8 Period for giving notice of refusal to grant permit
For the purposes of subsection 10(7) of the Act, the period of 14 days is prescribed.
9
Period for giving notice of refusal to grant certificate of exemption
9 Period for giving notice of refusal to grant certificate of exemption
For the purposes of subsection 12(6) of the Act, the period of 14 days is prescribed.
10
Register of expert examiners
10 Register of expert examiners
For the purposes of section 22 of the Act, the register to be maintained by the Committee must set out the name of each person determined by the Committee to be an expert examiner.
Part 1
Objects of Australian Aboriginal and Torres Strait Islander heritage
Part 1—Objects of Australian Aboriginal and Torres Strait Islander heritage
1.1 This Part lists objects of the category “Objects of Australian Aboriginal and Torres Strait Islander heritage”.
1.2 An object is in this category if:
(a) it is an object:
(i) of cultural significance to Aboriginal or Torres Strait Islander people; or
(ii) made by Aboriginal or Torres Strait Islander people; and
(b) it is not an object created specifically for sale; and
(c) for an object mentioned in clause 1.4—it:
(i) is at least 30 years old; and
(ii) is not adequately represented in Aboriginal or Torres Strait Islander community collections, or public collections in Australia.
1.3 The following objects of this category are Class A objects:
(a) sacred and secret ritual objects;
(b) bark and log coffins used as traditional burial objects;
(c) human remains;
(d) rock art;
(e) dendroglyphs.
1.4 All objects in this category, other than objects mentioned in clause 1.3, are Class B objects, and include:
(a) objects relating to famous and important Aborigines or Torres Strait Islanders, or to other persons significant in Aboriginal or Torres Strait Islander history; and
(b) objects made on missions or reserves; and
(c) objects relating to the development of Aboriginal or Torres Strait Islander protest and self‑help movements; and
(d) original documents, photographs, drawings, sound recordings, film and video recordings and any similar records relating to objects included in this category.
Note: Objects of Aboriginal or Torres Strait Islander fine or decorative arts are dealt with in Part 5 of this Schedule.
Part 2
Archaeological objects
Part 2—Archaeological objects
2.1 This Part lists objects of the category “Archaeological objects”.
2.2 An object is in this category if it:
(a) is of significance to Australia; and
(b) is an Indigenous or non‑Indigenous object that was recovered, as mentioned in paragraph 7(1)(a) of the Act, after remaining for at least 50 years in the place from which it was removed; and
(c) is not represented in at least 2 public collections in Australia by an object of equivalent quality.
2.3 Objects in this category are Class B objects, and include:
(a) objects relating to seagoing exploration, transportation, supply and commerce, including ordnance, coins, ships’ gear, anchors, cargo and personal items from shipwrecks, sunken ships and landfalls, ships’ logbooks and other documentation; and
(b) objects relating to military activity; and
(c) objects relating to the exploration of Australia and to the colonisation and development of Australia by non‑Indigenous peoples; and
(d) objects relating to convict transportation and settlement; and
(e) objects relating to relations between Indigenous and non‑Indigenous peoples; and
(f) objects relating to missionary activity; and
(g) objects (including documentation) relating to the history of mining, processing, industry, technology and manufacture in Australia; and
(h) objects relating to the development of the pastoral industry and other land industries; and
(i) objects relating to whaling and sealing; and
(j) objects relating to visits to, or settlement in, Australia of identifiable cultural minorities; and
(k) biological or ethnographic objects or collections; and
(l) human remains, other than remains mentioned in Part 1 of this Schedule; and
(m) organic remains associated with, or representative of, a prehistoric or historic culture; and
(n) archaeological objects not mentioned in this clause relating to persons, places or events significant in the history of Australia; and
(o) unclassified material recovered, as mentioned in paragraph 7(1)(a) of the Act, for archaeological study; and
(p) material related to any object mentioned in this clause that adds significantly to Australian historical or scientific information.
Part 3
Natural science objects
Part 3—Natural science objects
3.1 This Part lists objects of the category “Natural science objects”.
3.2 An object is in this category if it:
(a) is of significance to Australia; and
(b) is an object of the kind mentioned in clause 3.4; and
(c) is not adequately represented in public collections in Australia.
3.3 For the purposes of paragraph 3.2(c), an object of a kind well represented in public collections in Australia may nevertheless not be adequately represented because of the object’s quality or because of the place where the object was collected.
3.4 Objects in this category are Class B objects, and include:
(a) any palaeontological object; and
(b) any mineral object not otherwise mentioned in this clause having a current Australian market value of at least $10,000; and
(c) any gold nugget having a current Australian market value of at least $250,000; and
(d) any diamond or sapphire having a current Australian market value of at least $250,000; and
(e) any opal having a current Australian market value of at least $100,000; and
(f) any other gemstone having a current Australian market value of at least $25,000; and
(g) any meteorite; and
(h) any type specimen of present‑day flora or fauna, a palaeontological object or a mineral if:
(i) the type specimen is not lodged in an overseas collecting institution; or
(ii) a permit under Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 is not in force for the type specimen.
3.5 In this Part:
holotype means the original specimen from which the description of a new species is made.
lectotype means a specimen selected as the type of a species or subspecies if the type was not designated by the author of the original description.
mineral includes a carving or sculpture created from any mineral, including a polished gemstone, but does not include any ore or concentrate used industrially or intended for industrial use.
neotype means a specimen chosen to act as a type material subsequent to a published original description if a holotype has been lost or destroyed.
palaeontological object means:
(a) a vertebrate or invertebrate fossil or plant fossil or a trace fossil specimen, not being a fossil fuel or fossiliferous rock used or intended for any use relating to industry; or
(b) a sculpture or other object made from fossiliferous or fossilised matter; or
(c) a precious or non‑precious opal replacement fossil of a vertebrate or invertebrate animal or of a plant.
paratype means a specimen other than a holotype, used at the time of original description, and designated as a paratype by the author of the original description, or clearly indicated as being one of the specimens on the basis of which the original description was made.
syntype means any specimen of a series in which no specimen is designated as the holotype.
type specimen means holotype, lectotype, neotype, paratype or syntype, as appropriate.
Part 4
Objects of applied science or technology
Part 4—Objects of applied science or technology
4.1 This Part lists objects of the category “Objects of applied science or technology”.
4.2 The objects in this category relate to human enterprise and activity, other than artistic activity, such as:
(a) tools, weapons, implements and machines; and
(b) any other object produced by, or related to, an object of the kind mentioned in paragraph (a), including prototypes, models, patents and equipment.
4.3 An object is in this category if:
(a) it is of significance to Australia; and
(b) for an object:
(i) of Australian origin—it was made in Australia at least 30 years ago; or
(ii) that has substantial Australian content—the Australian content was made in Australia at least 30 years ago; or
(iii) that is not of Australian origin—it was in use in Australia at least 30 years ago; and
(c) it is an object of the kind mentioned in clause 4.4; and
(d) it is not represented in at least 2 public collections in Australia by an object of equivalent quality.
4.4 Objects in this category are Class B objects, and include:
(a) any agricultural object, including:
(i) an object used for agricultural production; and
(ii) an object used for processing agricultural products; and
(iii) an object relating to an industry producing products for use in agriculture; and
(iv) any tool, implement or equipment used or intended for use in agriculture or in farming life; and
(v) scientific equipment relating to agricultural research; and
(vi) any other thing related to agriculture; and
(b) any engineering object, including:
(i) a manufactured object relating to any branch of engineering, including any object that is a machine or hand tool, engine or workshop equipment, a control system or control mechanism, or an invention, prototype or related model or patent object; and
(ii) any other thing related to engineering; and
(c) any object of air transport, including:
(i) any lighter‑than‑air craft, including an airship; and
(ii) a glider, or kite, including a hang glider; and
(iii) any power‑driven aircraft; and
(iv) any equipment used, or intended for use, in aircraft manufacture or repair; and
(v) any aircraft communication and guidance system, or component of that kind of system; and
(vi) any aircraft instrument, engine, equipment, part or weapon; and
(vii) any prototype aircraft or experimental material relating to the design or manufacture of aircraft; and
(viii) any other thing related to air transport; and
(d) any object of rail transport, including:
(i) a locomotive or rolling stock for a railway; and
(ii) a tram or an associated service vehicle for a tramway; and
(iii) any equipment, tool, accessory, machinery or model relating to rail transport; and
(iv) any other thing related to rail transport; and
(e) any object of road transport, including:
(i) a motor vehicle or horse‑drawn vehicle; and
(ii) a motorcycle or a pedal‑operated cycle; and
(iii) a mining or other barrow, perambulator, sedan chair or litter; and
(iv) any equipment, manufacturing machine, tool, fuel distribution appliance or instrument relating to an object mentioned in subparagraph (i) or (ii); and
(v) any other thing related to road transport; and
(f) any object of scientific interest, including:
(i) an implement, tool or device used, or intended for use, for scientific examination or measurement; and
(ii) apparatus assembled or constructed for purposes of scientific research; and
(iii) a model of original scientific apparatus or of an original scientific instrument; and
(iv) any other thing related to the field of science; and
(v) any object that is a component or part related to any object mentioned in any of subparagraphs (i) to (iv); and
(g) any object of water transport, including:
(i) a sailing vessel, a steam‑propelled vessel or a power‑driven vessel; and
(ii) a rowing boat, canoe or punt; and
(iii) any equipment, manufacturing machine, tool or navigation equipment relating to water transport; and
(iv) any other thing related to water transport; and
(h) any object of weaponry, including any aircraft, vehicle, vessel, weapon, or a related component or related equipment, used or intended for use in warfare involving Australia either in Australia or overseas (but not currently in use for the Australian Defence Force).
Part 5
Objects of fine or decorative art
Part 5—Objects of fine or decorative art
5.1 This Part lists objects of the category “Objects of fine or decorative art”.
5.2 An object is in this category if it is:
(a) an object of the kind mentioned in clause 5.3; or
(b) an object of the kind mentioned in clause 5.4 that:
(i) is an Australia‑related object; and
(ii) is at least 30 years old.
5.3 An object mentioned in column 1 of an item in the following table that has a current Australian market value of at least the amount mentioned in column 2 of the item is a Class A object.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Objects of Fine or Decorative Art that are Class A objects</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p><p class="TableHeading"><span>Object</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p><p class="TableHeading"><span>Amount</span></p></td></tr></thead><tbody><tr><td style="width:10.08%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:67.88%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Pre</span><span>‑</span><span>1901 Aboriginal or Torres Strait Islander artworks, other than artworks owned, or held on loan, by the Commonwealth or a principal collecting institution</span></p></td><td style="width:22.04%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$25,000</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Pre</span><span>‑</span><span>1960 Aboriginal or Torres Strait Islander bark paintings or sculptures not covered by item</span><span> </span><span>1 of this table, other than bark paintings or sculptures owned, or held on loan, by the Commonwealth or a principal collecting institution</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$25,000</span></p></td></tr></tbody></table>
5.4 Objects in this category, other than objects mentioned in clause 5.3, are Class B objects and include an object mentioned in column 1 of an item in the following table that has a current Australian market value of at least the amount mentioned in column 2 of the item.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Objects of Fine or Decorative Art that are Class B objects</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p><p class="TableHeading"><span>Object</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p><p class="TableHeading"><span>Amount</span></p></td></tr></thead><tbody><tr><td style="width:10.08%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:67.88%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Watercolours, pastels, drawings, sketches and other similar works</span></p></td><td style="width:22.04%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$40,000</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Aboriginal desert paintings (including pre</span><span>‑</span><span>1974 Aboriginal Papunya paintings), other than a painting that is a Class A object because of paragraph</span><span> </span><span>1.3(a) of this Schedule</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$100,000</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Aboriginal Kimberley paintings on canvas</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$100,000</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Oil and acrylic paintings not covered by item</span><span> </span><span>1, 2 or 3 of this table</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$350,000</span></p></td></tr><tr><td style="width:10.08%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4AA</span></p></td><td style="width:67.88%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Pre</span><span>‑</span><span>1901 Aboriginal or Torres Strait Islander artworks owned, or held on loan, by the Commonwealth or a principal collecting institution</span></p></td><td style="width:22.04%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$25,000</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4A</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Pre</span><span>‑</span><span>1960 Aboriginal or Torres Strait Islander bark paintings or sculptures not covered by item</span><span> </span><span>4AA of this table that are owned, or held on loan, by the Commonwealth or a principal collecting institution</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$25,000</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Aboriginal or Torres Strait Islander ochre paintings that are on bark, composition board, wood, cardboard, stone or other similar supports</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$20,000</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Prints, posters, photographs and similar works of art with potential for multiple production</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$10,000</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>7</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Textiles, including tapestries, carpets and batiks</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$10,000</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>8</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Sculptures</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$30,000</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>9</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Furniture</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$30,000</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Jewellery</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$40,000</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>11</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Clocks and watches</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$40,000</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>12</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Musical instruments</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$10,000</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>13</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Architectural fittings and decoration and interior decoration</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$15,000</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>14</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Objects made from precious metals</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$25,000</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>15</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Any objects of fine or decorative art that are not covered by another item of this table</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>$10,000</span></p></td></tr></tbody></table>
5.5 However, an object is not in this category if it is owned by the person who created the object.
5.6 In this Part:
Australia‑related object means an object designed or made:
(a) in or outside Australia by an Australian; or
(b) in Australia by a foreign person who, at some time, worked or resided in Australia; or
(c) outside Australia by a foreign person, if the object incorporates Australian motifs or subject‑matter, or is otherwise relevant to Australia.
Part 6
Objects of documentary heritage
Part 6—Objects of documentary heritage
6.1 This Part lists objects of the category “Objects of documentary heritage”.
6.2 An object is in this category if it is a document that:
(a) is of significance to Australia; and
(b) is at least 30 years old; and
(c) is not represented in at least 2 public collections in Australia by an object of equivalent quality.
6.3 Objects in this category are Class B objects.
6.4 In this Part:
document means any written or printed material, or any article on which information has been stored or recorded either mechanically or electronically, and includes:
(a) a book, letter, ledger, register, pamphlet or similar article; and
(b) a sound recording, a film, television or video production, or any other production that includes moving images or recorded sounds; and
(c) a map, plan, photograph, drawing or other graphic; and
(d) an article that forms part of government records or archives of the Commonwealth, a State or a Territory, a Commonwealth, State or Territory authority, the Governor‑General or the Governor of a State, only if, because of a law of the Commonwealth, a State or a Territory in relation to the article, the article must be kept permanently in Australia.
government records or archives has the meaning given by any relevant law of interpretation of the government of the Commonwealth or the State or Territory that created, or has custody or control of, the records or archives.
Part 7
Numismatic objects
Part 7—Numismatic objects
7.1 This Part lists objects of the category “Numismatic objects”.
7.2 An object is in this category if it is:
(a) a Victoria Cross medal awarded to a person mentioned in clause 7.3; or
(b) an object of a kind mentioned in any of paragraphs 7.4(b) to (e) that:
(i) is of significance to Australia; and
(ii) has a current Australian market value of at least $15,000; and
(iii) is not represented in at least 2 public collections in Australia by an object of equivalent quality.
7.3 A Victoria Cross medal awarded to any of the following persons is a Class A object unless it is owned, or held on loan, by the Commonwealth or a principal collecting institution.
7.4 All objects in this category, other than objects that are Class A objects under clause 7.3, are Class B objects, and include:
(a) a Victoria Cross medal awarded to a person mentioned in clause 7.3 if it is owned, or held on loan, by the Commonwealth or a principal collecting institution; and
(b) any other medal or other decoration, whether of a civil or military nature (other than a campaign medal), awarded to a person:
(i) ordinarily resident in Australia at the time of the award; or
(ii) for a posthumous award—ordinarily resident in Australia at the time of the service or circumstance to which the award relates; and
(c) any citation or other document, or insignia, relating to a medal or decoration mentioned in paragraph (b); and
(d) a badge, token or charm, coin or paper money; and
(e) a pattern, proof or specimen striking.
7.5 However, the following are not objects in this category:
(a) a Victoria Cross medal awarded to a person mentioned in clause 7.3 if it is:
(i) owned by the person to whom the award was made or, in the case of a posthumous award, by the next‑of‑kin of the person to whom the award was made; and
(ii) not held on loan by the Commonwealth or a principal collecting institution;
(b) a medal or other decoration mentioned in paragraph 7.4(b), or a citation, other document or insignia mentioned in paragraph 7.4(c) that relates to such a medal or decoration, if it is owned by the person to whom the award was made or, in the case of a posthumous award, by the next‑of‑kin of the person to whom the award was made.
7.6 In this Part:
Victoria Cross medal means:
(a) a Victoria Cross; or
(b) a Victoria Cross for Australia.
Part 8
Philatelic objects
Part 8—Philatelic objects
8.1 This Part lists objects of the category “Philatelic objects”.
8.2 An object is in this category if it:
(a) is of significance to Australia; and
(b) is an object of the kind mentioned in clause 8.3; and
(c) is an object of which no more than 2 examples are known to exist in Australia; and
(d) is not represented in at least 2 public collections in Australia by an object of equivalent quality.
8.3 Objects in this category are Class B objects, and include:
(a) a postal marking, or postage or revenue stamp, that is in mint condition or is attached in any way to a document; and
(b) any material used in the design, production, usage or collection of stamps; and
(c) a stamp collection of substantial importance that:
(i) has won an award known as a Large Gold medal in international competition; or
(ii) has a current Australian market value of at least $150,000.
Part 9
Objects of historical significance
Part 9—Objects of historical significance
9.1 This Part lists objects of the category “Objects of historical significance”.
9.2 An object is in this category if it is:
(a) an object of the kind mentioned in clause 9.3; or
(b) an object of the kind mentioned in clause 9.4 that:
(i) is associated with a person, activity, event, place or business enterprise, notable in Australian history; and
(ii) is at least 30 years old; and
(iii) is not represented in at least 2 public collections in Australia by an object of equivalent quality.
9.3 Each piece of the suit of metal armour worn by Ned Kelly at the event known as the siege of Glenrowan in Victoria in 1880 is a Class A object.
9.4 Objects in this category, other than objects mentioned in clause 9.3, are Class B objects, and include:
(a) objects of heraldry; and
(b) objects relating to Australian military history; and
(c) objects relating to domestic life, including buildings, fixtures and decorations, equipment and furniture, costumes and textiles and personal effects; and
(d) objects relating to work life, including specialised trades and labour material, trade unionism, company activity and corporate identity, trade and commerce; and
(e) objects relating to courts and tribunals, law enforcement including the police, law‑breakers, convicts and prison life; and
(f) objects relating to education; and
(g) objects relating to health and medicine; and
(h) objects relating to arts and crafts; and
(i) objects relating to leisure and recreation, including all forms of sport, entertainment and tourism; and
(j) objects relating to politics; and
(k) objects relating to exploration; and
(l) objects relating to migration; and
(m) objects relating to community activities; and
(n) objects relating to religion.
9.5 In this Part:
Australian military history means the history of:
(a) wars, and operations or activities relating to warfare, in which Australians have been actively engaged; and
(b) any army, navy or air force unit in which Australians have taken part; and
(c) the Australian Defence Force; and
(d) operations, or other activities, conducted in Australia by any army, navy or air force personnel or unit of a country other than Australia; and
(e) objects used against the Australian Defence Force, whether in Australia or overseas.
objects of heraldry means flags, banners, guidons and colours
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
1 Name
1 Name
This instrument is the Protection of Movable Cultural Heritage Regulations 2018.
3 Authority
3 Authority
This instrument is made under the Protection of Movable Cultural Heritage Act 1986.
5 Definitions
5 Definitions
(1) In this instrument:
Act means the Protection of Movable Cultural Heritage Act 1986.
significance to Australia, for an object, means the object is of Australian origin, has substantial Australian content, or has been used in Australia, and:
(a) is associated with a person, activity, event, place or business enterprise, notable in history; or
(b) has received a national or international award or has a significant association with an international event; or
(c) represents significant technological or social progress for its time; or
(d) is an object of scientific or archaeological interest.
(2) If an object of a kind mentioned in Schedule 1 has been repaired, restored or reassembled, the age of the object is not affected by that action for any provision of Schedule 1 unless the action has substantially modified the object.
6 Categories of objects that are the movable cultural heritage of Australia
6 Categories of objects that are the movable cultural heritage of Australia
For the purposes of paragraph 7(1)(j) of the Act, the following categories are prescribed:
(a) archaeological objects of non‑Australian origin;
(b) natural science objects;
(c) numismatic objects;
(d) objects of social history;
(e) philatelic objects.
7 National Cultural Heritage Control List
7 National Cultural Heritage Control List
For the purposes of subsection 8(1) of the Act, the list of categories set out in Schedule 1 is prescribed.
8 Period for giving notice of refusal to grant permit
8 Period for giving notice of refusal to grant permit
For the purposes of subsection 10(7) of the Act, the period of 14 days is prescribed.
9 Period for giving notice of refusal to grant certificate of exemption
9 Period for giving notice of refusal to grant certificate of exemption
For the purposes of subsection 12(6) of the Act, the period of 14 days is prescribed.
10 Register of expert examiners
10 Register of expert examiners
The instrument therefore changes how the Act will be applied in practice by translating high‑level statutory control into concrete categories and thresholds: what counts as Aboriginal and Torres Strait Islander heritage, what counts as archaeological, natural science or documentary heritage, the dollar cutoffs for particular fine arts or minerals, the rare‑object tests for philatelic items, and ownership or representation exceptions that either bring an item within or keep it outside the control list (see Schedule 1 Parts 1-9; Regulation 5).
Main concepts
The Regulations rest on a small set of recurring legal concepts that determine whether a movable object becomes subject to the Act’s control regime. Those concepts are defined and applied across the Schedule.
Significance to Australia (Regulation 5(1)). The instrument sets a multi‑pronged test: Australian origin, substantial Australian content or use in Australia, and then one of four further criteria , association with notable persons/activities/places/businesses (5(1)(a)), national/international awards or association with international events (5(1)(b)), representation of technological or social progress (5(1)(c)) or scientific or archaeological interest (5(1)(d)). This is the gateway concept used repeatedly in Schedule categories (for example Parts 2-9 require an object be “of significance to Australia” as part of their tests).
Class A versus Class B distinction (Schedule 1 Parts). Schedule 1 uses Class A and Class B designations to separate higher‑sensitivity objects (for example sacred ritual objects, human remains, Ned Kelly armour pieces) from broader categories of significance. The practical consequences of Class A v Class B are not re‑stated in the Regulations. The Schedule therefore supplies the classification that the Act references (see eg parts 1.3, 2.3, 3.4, 5.3-5.4, 9.3).
Age thresholds. Several categories require a minimum age: commonly 30 years (Parts 1, 4, 5, 6, 9) or 50 years (archaeological recovery after remaining for at least 50 years in place, Part 2.2). The instrument also provides that repairs, restoration or reassembly do not alter an object’s age unless they have “substantially modified” it (Regulation 5(2)).
Representation in public collections. Many categories exclude objects that are “represented in at least 2 public collections in Australia by an object of equivalent quality” (see Parts 1.2(c), 2.2(c), 3.2(c), 4.3(d), 5.2, 6.2(c), 7.2(b)(iii), 8.2(d), 9.2(iii)). The representation test is a repeat gatekeeping device across categories.
Market value thresholds. For several categories, particularly in natural science (Part 3.4) and fine or decorative art (Part 5.3-5.4), the Schedule prescribes precise market value thresholds that convert an item into Class A or B status (for example, any gold nugget worth at least $250,000, opal at least $100,000; paintings and sculptures with thresholds from $10,000 up to $350,000 , Schedule 1 Part 3.4; Part 5).
Ownership and origin qualifications and exclusions. The Schedule contains ownership exceptions (for example an object is not in the fine or decorative art category if owned by its creator, Part 5.5; Victoria Cross medals are excluded where owned by the recipient or next‑of‑kin, Part 7.5). Origin and Australian content rules appear in multiple Parts (for applied science 30‑year Australian origin or substantial Australian content test, Part 4.3).
Two procedural administrative concepts are also central:
Prescribed notice periods for refusals (Regulations 8 and 9). The instrument prescribes 14 days for giving notice of refusal for both permits and certificates of exemption under the Act.
Register of expert examiners (Regulation 10). The Committee must maintain a register that sets out the names of persons the Committee has determined are expert examiners.
Those main concepts turn broad statutory control into practical tests: whether an item meets the significance test, meets age/value/representation thresholds, or is excluded because of owner or creator status determines whether the Act’s export/permit/exemption processes (operational under the Act) will be triggered.
Who it affects
The Regulations affect a number of clear groups through definitional and procedural rules. The primary categories of affected parties are:
Private owners and sellers of movable cultural objects. The Schedule’s thresholds and tests (age, monetary value, representation in public collections, origin, whether created for sale, ownership by the creator) determine whether a privately owned object is captured. For example, an oil painting over 30 years old with an Australian relation and a market value above $350,000 falls under the fine or decorative art category (Schedule 1 Part 5.4, item 4), whereas works still owned by their creator are excluded (Part 5.5).
Aboriginal and Torres Strait Islander communities and custodians. Part 1 sets out a specific regime for objects of Indigenous heritage. It distinguishes Class A items (sacred/secret ritual objects, bark/log coffins, human remains, rock art, dendroglyphs , Part 1.3) and Class B objects (other culturally significant objects meeting age and representation tests , Part 1.4). It also excludes objects “created specifically for sale” from the category (Part 1.2(b)). Owners, custodians and community collections will be directly affected by this classification because it determines whether the Act’s controls apply.
Collecting institutions and principal collecting institutions. Several exclusions and lower thresholds reference Commonwealth ownership or loans to principal collecting institutions (for example Part 5.3 item 1 exceptions for pre‑1901 Indigenous works, Part 5.4 items 4AA and 4A). Items owned or on loan to the Commonwealth or a principal collecting institution are treated differently in the class thresholds. The Regulations therefore affect collecting institutions by altering which objects are placed under national controls.
Dealers, auction houses, valuers and expert examiners. The instrument creates a register of expert examiners (Regulation 10). Dealers and auction houses handling high‑value artworks, coins, gemstones, scientific specimens or historically significant objects must take the threshold tests into account, obtain firm valuations and possibly seek expert examiner determinations to support permit or exemption applications under the Act.
Museums, archives and libraries (public collections). The representation test (object not represented in at least two public collections in Australia by an object of equivalent quality) directly implicates public collecting institutions. An object may be excluded from the control list if there are two equivalent public holdings; conversely, gaps in public collections increase likelihood of items being captured.
Researchers and scientific institutions. Natural science type specimens, palaeontological objects and holotypes are within Part 3. Type specimens have unique rules, including interactions with the Environment Protection and Biodiversity Conservation Act 1999 (Part 3.4(h)). Researchers, universities and museums dealing with type specimens must coordinate EPBC permits where relevant and take account of the Register of expert examiners for authoritative determinations.
Owners/next-of-kin of Victoria Crosses and award recipients. Part 7 differentiates Victoria Cross medals: the specified list of recipients’ medals are Class A objects unless owned or held on loan by the Commonwealth or a principal collecting institution (Part 7.3); however medals owned by a recipient (or their next‑of‑kin in case of posthumous awards) and not on loan to the Commonwealth are not in the category (Part 7.5(a)). This affects families and estates with such awards.
Export and customs authorities, legal advisers and compliance teams. Because the Regulations supply the list (Regulation 7) used to determine whether export controls apply, they directly affect decision‑making by customs, export licensing authorities and counsel advising on sale or export of cultural goods. The prescribed 14‑day refusal notice periods (Regulations 8-9) impose practical timing constraints on those administrative processes.
Who ultimately bears the costs depends on the particular object and context: private owners intending to export or sell high‑value objects will face valuation and documentation costs; collecting institutions will be implicated by the representation test; Indigenous communities will be affected by classifications for ritual and burial objects; scientific institutions handling type specimens must consider EPBC interface and permits.
Key duties and rights
The Regulations themselves create a small set of specific duties and rights and, more importantly, they supply the factual predicates that trigger duties and rights under the Act. From the Regulations:
Duty to observe the National Cultural Heritage Control List as prescribed. Regulation 7 prescribes Schedule 1 for the purposes of subsection 8(1) of the Act. That means any duties or rights in the Act that arise from an object’s presence on the National Cultural Heritage Control List will be engaged when an object satisfies the Schedule’s criteria.
Procedural duty on decision‑makers to issue timely notice of refusal. Regulations 8 and 9 prescribe that a period of 14 days applies for giving notice of refusal to grant a permit and to grant a certificate of exemption respectively. This is a procedural constraint on the time within which a refusal notice must be given, and therefore a duty on the relevant decision‑maker under the Act to comply with that timeframe.
Duty on the Committee to maintain a register of expert examiners. Regulation 10 requires the Committee to maintain a register that sets out the name of each person determined by the Committee to be an expert examiner. That creates an administrative duty on the Committee and confers a right of clarity and verifiability on users needing an expert examiner’s name for an application or determination.
Rights and exclusions arising from ownership and origin. The Schedule creates de facto rights by exclusion in various places. Examples:
An object owned by its creator is not in the fine or decorative art category (Part 5.5). The effect is that creator‑owners retain an entitlement not to have those works captured by the listed category.
Victoria Cross medals owned by the recipient or next‑of‑kin are excluded from the numismatic category where not held on loan to the Commonwealth or principal collecting institution (Part 7.5(a)). That provides an ownership‑based exemption right to recipients and families.
Objects “created specifically for sale” are excluded from the Aboriginal or Torres Strait Islander heritage category (Part 1.2(b)). That exclusion effectively leaves commercially created items outside this category’s controls.
Evidentiary duties implicit in monetary value and representation tests. The Schedule places practical duties on owners and applicants to prove age, provenance, market value and whether equivalent examples exist in at least two public collections. The Regulations do not provide the procedural form of that proof; they create the substantive fact‑based duties that will be relied on in Act processes.
Interplay with other statutory rights/permits. The Schedule recognizes that other statutory regimes may confer duties or affect category status. For example, Part 3.4(h)(ii) brings EPBC Part 13A permits into the assessment of whether a type specimen is in the natural science objects category. That provision creates a cross‑statute right: if an EPBC permit is in force for a type specimen, the specimen is not automatically captured by this category.
The Regulations therefore set the conditions under which the Act’s substantive duties (such as requirements to obtain export permits, to notify, or to secure certificates of exemption under the Act) will apply. The Regulations themselves are light on direct prescriptive duties, instead creating definitional rights/exclusions and procedural time limits.
Penalties and enforcement
The Regulations as provided do not themselves create criminal penalties or administrative sanctions. They focus on definitions, lists, value and age thresholds, and short procedural prescriptions (Regulations 8-10). The text prescribes the Schedule as the National Cultural Heritage Control List (Regulation 7) and provides administrative timings (14 days for refusal notices, Regulations 8-9), but does not set out enforcement mechanisms or penalties.
That absence matters practically. The enforcement tools and penalties associated with objects on the National Cultural Heritage Control List are set out in the Act (the instrument is made under the Protection of Movable Cultural Heritage Act 1986, Regulation 3), not in these Regulations. The Regulations should therefore be read in tandem with the Act when assessing enforcement risk. The Regulations determine whether an object is captured (for example by meeting age, value, representation or origin criteria), which in turn determines whether the Act’s enforcement provisions apply.
The instrument does, however, supply administrative mechanisms that affect how enforcement will operate procedurally:
It prescribes the list that triggers Act controls (Regulation 7; Schedule 1). That means enforcement depends on Schedule 1’s classifications and thresholds.
It prescribes notice time limits for refusal decisions (Regulations 8-9). Those time limits constrain administrative decision‑making and, indirectly, the timing of any enforcement action premised on the refusal or grant of permits or certificates under the Act.
It requires maintenance of an expert examiners register by the Committee (Regulation 10). That register supports evidentiary and administratively defensible valuations and authenticity assessments that are often central in any enforcement or compliance dispute.
Because the Regulations do not specify sanctions, parties assessing enforcement exposure must consult the Act for:
The circumstances in which export (or other relevant) controls apply.
The criminal and civil sanctions for non‑compliance with the Act’s permit, export, import, or reporting requirements.
The administrative appeal or review routes and associated timeframes for decisions under the Act.
In short, the Regulations determine the universe of covered objects and some procedural timings; enforcement consequence and penalties reside in the Act. The practical enforcement risk for owners, dealers and institutions therefore depends on both the Schedule’s categorisations and the Act’s enforcement provisions.
How it interacts with other laws
The Regulations explicitly and implicitly cross‑link with other statutory regimes and institutional frameworks.
Explicit cross‑references in the text:
Protection of Movable Cultural Heritage Act 1986. The instrument is made under that Act (Regulation 3). Multiple provisions reference specific subsections of the Act when prescribing lists or periods (Regulations 6-10 refer to paragraphs or subsections of the Act). Regulation 7 expressly prescribes Schedule 1 “for the purposes of subsection 8(1) of the Act,” indicating that the National Cultural Heritage Control List under the Act is the Schedule contained in the instrument.
Environment Protection and Biodiversity Conservation Act 1999. Part 3.4(h) of Schedule 1 brings Part 13A of the EPBC Act into play for natural science type specimens. It treats a type specimen differently where a permit under Part 13A of the EPBC Act is in force. That creates a legal interaction where the EPBC regulatory permission environment affects whether a specimen falls within the natural science objects category of the Regulations.
Laws governing government records or archives. Part 6.4(d) of Schedule 1 defines “government records or archives” by reference to “any relevant law of the Commonwealth or the State or Territory that created, or has custody or control of, the records or archives.” That means archival retention laws and records‑management legislation in the jurisdictions affect the documentary heritage category, for example by determining whether a government article must be kept permanently in Australia and thus whether it falls inside the documentary heritage category.
Practical and institutional interactions implied by the content:
Customs, export and import controls. By prescribing the National Cultural Heritage Control List (Regulation 7), the Regulations identify the categories of objects that will feed into the Act’s export control regime. Customs and border authorities responsible for implementing export restrictions will therefore use this instrument to identify items requiring permits or subject to export prohibition. The 14‑day refusal notice windows (Regulations 8-9) will constrain administrative timing on permit processes that involve those agencies.
Museums, archives and public collections. The repeated “represented in at least 2 public collections” test imposes an institutional interaction between private markets and public collecting institutions. The degree to which public collections hold equivalent items will affect whether objects fall within the control list.
Valuation practice and evidentiary institutions. Monetary thresholds for classification require market valuation. That draws in auction houses, valuers, expert examiners (Regulation 10) and courts if disputes over valuation arise. The register of expert examiners is an administrative tool to anchor valuation and authenticity assessments.
Heritage laws and state/territory legislation. While the Regulations sit under federal law, the “significance to Australia” test and definitions of government records invite work with state/territory heritage frameworks and archives legislation when determining representation or custodial obligations.
Intellectual property and creators’ rights. The creator‑owned exclusion in Part 5.5 creates an intersection with property and moral rights frameworks because ownership at the time of classification has a substantive effect on whether the object is captured.
Limitations in the instrument’s cross‑legislative reach:
The instrument does not set out the full mechanics of inter‑agency processes nor does it specify coordination protocols for cross‑jurisdictional enforcement. It prescribes the list and certain administrative timings; integration with other laws and agencies depends on the Act and administrative practice which are not reproduced here.
For any compliance or risk assessment, the Regulations therefore must be read alongside the Act, EPBC Act Part 13A where relevant, and applicable state/territory archival and heritage laws to capture the full set of operational obligations and interlocking duties.
Amendment history
The text of the Protection of Movable Cultural Heritage Regulations 2018 provided here contains no recorded amendment schedule, amendment notes, or versioning history within its content. The instrument opens with the title (Regulation 1), the statutory authority (Regulation 3) and thereafter sets out definitions, prescribed categories and the Schedule; it does not include a marginal note or schedule listing prior amendments or commencement details within the excerpt supplied.
That absence in the provided text has practical implications for legal research and compliance:
The Regulations supply fixed thresholds and definitions (for example the monetary thresholds in Schedule 1 Part 3.4 and Part 5.3-5.4, the 14‑day notice periods in Regulations 8-9, the age thresholds of 30 or 50 years). If those figures are relied upon operationally, practitioners must verify whether subsequent legislative amendments, corrigenda or remade regulations have altered market value thresholds, class assignments or procedural times. The instrument as provided contains the 2018 text only.
The lack of an amendment list in the text means the instrument should not be treated as dynamically authoritative without cross‑checking an official consolidated source. Users should check the authorised compilation of the Commonwealth legislation (for example the statute register or consolidated legislative sources) to confirm currentness.
Any future amendments to Schedule 1 (which prescribes the National Cultural Heritage Control List) would change what objects attract the Act’s export or control measures. Because Schedule 1 is the primary operational content of these Regulations, amendment risk is material for owners, dealers and institutions.
In sum, the instrument as presented does not include a record of past amendments. Whether this reflects that the instrument has been unamended since 2018 or simply that amendment annotations are not included in this excerpt cannot be determined from the text alone. Practitioners should therefore treat the Schedule’s thresholds and classifications as current only subject to verification against an official consolidated version or subsequent amending instruments.
Litigation history
The supplied text of the Regulations contains no references to case law, judicial interpretation, tribunal determinations, or litigation history. There are no citations to judicial decisions within the instrument and no notes indicating that any of its provisions have been subject to judicial review or statutory interpretation in reported cases.
Consequences for practice and risk analysis:
The absence of litigation in the Regulations means there is no authoritative judicial gloss in the instrument itself on how its definitional tests (for example “significance to Australia” in Regulation 5(1), the “represented in at least 2 public collections” test used repeatedly in Schedule 1, or the “not created specifically for sale” exclusion in Schedule 1 Part 1.2(b)) should be applied in marginal or contested cases. That leaves scope for factual disputes about representation, provenance, market value and cultural significance to be contested in administrative review or judicial proceedings under the Act.
In the absence of precedents cited in the instrument, parties seeking to challenge or defend administrative decisions under the Act that rely on these Regulations will need to develop factual records (provenance, valuation, expert opinion) and may expect courts or tribunals to apply general judicial review and statutory interpretation principles to the Act read with the Regulations.
Because the instrument requires,by Regulation 10,that the Committee maintain a register of expert examiners, expert determinations will likely play a material evidentiary role in any litigation or review concerning classification or valuation; the lack of judicial guidance heightens the importance of reliable, documented expert reports.
Practitioners and researchers should therefore assume that litigation risks related to application of these Regulations turn largely on how decision‑makers apply the Schedule’s factual predicates and the quality of evidentiary records assembled by parties. The instrument itself does not report any litigation history; locating decisions interpreting the Act and these Regulations requires searching judicial and tribunal records beyond the instrument’s text.
Gotchas
The Regulations contain numerous specific, sometimes counter‑intuitive, technical rules and drafting choices that create practical pitfalls. The principal “gotchas” to watch for are:
Value and age thresholds convert otherwise ordinary objects into controlled items. Many everyday categories become controlled once a monetary or age threshold is met. Examples: opals valued at $100,000 or more are in the natural science category (Schedule 1 Part 3.4(c)); oil and acrylic paintings reach the Class B threshold at $350,000 (Part 5.4 item 4). Owners and dealers must obtain precise, contemporaneous valuations to determine capture risk.
Representation in at least two public collections is a recurring escape valve. Whether an object is “represented in at least two public collections in Australia by an object of equivalent quality” determines exclusion from many categories. Proving the existence or non‑existence of such equivalent holdings can be evidentially difficult and time‑sensitive. Institutions and owners should document searches of public collections and establish comparable quality using curatorial and expert evaluation.
Age unaffected by repair unless “substantially modified” (Regulation 5(2)). The Regulations specify that repairs, restoration or reassembly do not alter an object’s age for Schedule 1 unless the action has “substantially modified the object.” The meaning of “substantially modified” is fact‑specific and not defined here. That gives rise to factual disputes: conservators and valuers should document restorations carefully to support or resist a claim that age remains unchanged.
Creator ownership exclusion (Part 5.5). The exclusion that an object is not in the fine or decorative art category when owned by the creator can create a timing incentive for creators to retain ownership if they want to avoid formal controls. Conversely, transfer by the creator after initial ownership may immediately place the item within the control list.
“Not created specifically for sale” for Indigenous heritage (Part 1.2(b)). The Aboriginal and Torres Strait Islander heritage category excludes objects created specifically for sale; distinguishing between traditional/cultural production and market‑oriented production can be contentious. Sellers should have provenance and, where appropriate, community verification.
Victoria Cross ownership nuance (Parts 7.3-7.5). The numismatic regime makes a specific distinction: Victoria Cross medals listed in clause 7.3 are Class A unless owned or on loan to the Commonwealth or a principal collecting institution; at the same time, medals owned by the recipient or the recipient’s next‑of‑kin and not on loan to the Commonwealth are excluded (Part 7.5(a)). The ownership status of the medal at any given time therefore determines whether it is captured.
Philatelic rarity threshold is binary and severe (Part 8). Philatelic objects are captured only where “no more than 2 examples are known to exist in Australia.” Establishing that an item is one of at most two requires careful provenance, research and possibly expert confirmation. Small mistakes in determining the count can flip an object into or out of the category.
Type specimens and EPBC permits interaction (Part 3.4(h)). For natural science objects that are type specimens, their classification depends on whether they are lodged in an overseas collecting institution or whether a permit under Part 13A of the EPBC Act is in force. That creates a compliance trap for scientific institutions that may have parallel EPBC obligations.
Documentary heritage and government records proviso (Part 6.4(d)). A documentary item is in the documentary heritage category unless it forms part of government records or archives that, under a law of the relevant jurisdiction, must be kept permanently in Australia. Determining whether a particular government article triggers that exception requires reference to applicable archival statutes and retention regimes.
Broad scope of applied science or technology (Part 4). The category includes whole classes of transport and industrial objects (aircraft, locomotives, road vehicles, mining equipment, workshop machinery, prototypes, patents). Owners of historically significant industrial machinery or vehicles must check the 30‑year origin/use tests and the representation test.
Class A items are often culturally sensitive. Class A lists include human remains (Parts 1.3(c), 2.3(l)), sacred ritual objects (Part 1.3(a)), and the pieces of Ned Kelly’s armour (Part 9.3). Handling, repatriation and custodial questions for those objects are likely subject to extra legal and ethical considerations beyond monetary valuation.
Operationally, the “gotcha” pattern is this: relatively small changes in documentary evidence (a valuation, an ownership transfer, discovery of a comparable public holding, a permit under EPBC) can change whether an item is captured by the Act’s control list. That makes careful record‑keeping, contemporaneous expert reports and early engagement with the Committee and expert examiners critical.
How to comply
The Regulations supply detailed factual tests practitioners must apply to determine compliance exposure. Practical compliance steps, tied to the instrument’s clauses, are:
Identify the applicable Schedule category and apply each element of its test. Use Schedule 1 Parts 1-9 as a checklist:
Is the object of the type listed in any Part (Indigenous, archaeological, natural science, applied science, fine/decorative, documentary, numismatic, philatelic, historical)?
Does it meet age thresholds (commonly 30 years, sometimes 50 years for archaeological recovery) (see Parts 1.2(c), 2.2(b), 3.3, 4.3(b), 5.2, 6.2(b), 9.2(b))?
Does it meet the “significance to Australia” test from Regulation 5(1) where applicable?
Does it meet monetary thresholds set out in Parts 3 and 5 where relevant?
Is it represented in at least two public collections in Australia by an object of equivalent quality (a common exclusion element)?
Gather documentary proof. Prepare contemporaneous and verifiable materials to support each element:
Provenance documentation to show origin, usage in Australia or Australian content (to satisfy Regulation 5(1)).
Age documentation and conservation records; document restorations carefully because Regulation 5(2) preserves original age unless an item has been “substantially modified.”
Market valuations from registered or reputable valuers to establish or rebut monetary thresholds; maintain written valuation reports with date and methodology (critical for Schedule 1’s monetary cutoffs).
Curatorial comparisons and evidence about public collection holdings to address the “represented in at least 2 public collections” test.
Ownership records to rely on creator‑owned exclusions (Part 5.5) or recipient ownership exceptions (Part 7.5).
Use expert examiners and the Committee’s register. Regulation 10 requires the Committee to maintain a register of expert examiners. Where classification or valuation is contested or uncertain, obtain determinations or reports from persons listed on the Committee’s register, or at least clearly credentialled experts, to support permit or exemption applications and to anticipate administrative scrutiny.
Check interactions with EPBC and other statutory regimes. For natural science type specimens, verify whether a Part 13A EPBC permit is in force (Schedule 1 Part 3.4(h)). For documentary items that form part of government archives, check whether a law requires permanent retention in Australia (Part 6.4(d)). If so, those exceptions may remove the item from Schedule coverage.
Time your submissions to respect 14‑day refusal notice windows. Regulations 8 and 9 prescribe 14 days for giving notice of refusal for permits and certificates of exemption. Ensure that permit and exemption applications to the relevant authority are complete and early enough to allow administrative decision‑making within procedural windows. Where a refusal is possible, be prepared for an administrative process that operates on the 14‑day timing.
For Indigenous cultural heritage objects, engage communities and custodians. Part 1 imposes cultural elements and exclusions (for example “not created specifically for sale” and the Class A list of sacred and secret ritual objects, burial objects and human remains). Early engagement with Indigenous custodians, community collections and relevant state/territory heritage bodies will produce the provenance and cultural authority often required to support or rebut classification.
Be cautious with transfers, loans and sales. The Schedule contains owner‑based exclusions (creator ownership, medals owned by recipients/next‑of‑kin). Transfer or loan status can change an object’s regulatory status overnight. Before selling or exporting, confirm whether the transfer will place the object within Schedule coverage; if uncertain, seek interim advice and consider obtaining a certificate of exemption under the Act.
Maintain records of searches for public holdings and known examples. The philatelic provision (Part 8, no more than two examples known in Australia) and the representation test require careful national searches. Document searches of museum databases, auction catalogues, national registers and specialist collections to substantiate claims about rarity or representation.
Consider insurance and market risk. Because monetary and rarity thresholds are central, insurable valuation and market advice should be current. If an item is close to a threshold, consider how price changes or future market events will affect regulatory exposure.
Seek statutory advice when in doubt. The Regulations provide definitional tests and thresholds; they do not provide enforcement detail or appeal mechanisms. For actions with material commercial significance (export, sale to overseas buyers, high‑value auction listings), coordinate legal advice that reads the Regulations together with the Protection of Movable Cultural Heritage Act 1986 and relevant export/customs procedures.
Operational checklist summary:
Step 1: Categorise the object against Schedule 1 Parts 1-9.
Step 2: Confirm age and repair history (Regulation 5(2)).
Step 3: Obtain up‑to‑date market valuation where thresholds apply.
Step 4: Document representation status in public collections.
Step 6: Check EPBC Part 13A and government retention laws where relevant.
Step 7: If export or sale contemplated, apply for the Act’s permit or certificate of exemption in advance, with expert reports from the Committee register where helpful; account for the 14‑day refusal notice windows (Regulations 8-9).
Following these steps aligns operational practice with the Regulations’ substantive tests and procedural requirements.
Section 8Period for giving notice of refusal to grant permit
For the purposes of section 22 of the Act, the register to be maintained by the Committee must set out the name of each person determined by the Committee to be an expert examiner.
Part 1 Objects of Australian Aboriginal and Torres Strait Islander heritage
Part 1—Objects of Australian Aboriginal and Torres Strait Islander heritage
1.1 This Part lists objects of the category “Objects of Australian Aboriginal and Torres Strait Islander heritage”.
1.2 An object is in this category if:
(a) it is an object:
(i) of cultural significance to Aboriginal or Torres Strait Islander people; or
(ii) made by Aboriginal or Torres Strait Islander people; and
(b) it is not an object created specifically for sale; and
(c) for an object mentioned in clause 1.4—it:
(i) is at least 30 years old; and
(ii) is not adequately represented in Aboriginal or Torres Strait Islander community collections, or public collections in Australia.
1.3 The following objects of this category are Class A objects:
(a) sacred and secret ritual objects;
(b) bark and log coffins used as traditional burial objects;
(c) human remains;
(d) rock art;
(e) dendroglyphs.
1.4 All objects in this category, other than objects mentioned in clause 1.3, are Class B objects, and include:
(a) objects relating to famous and important Aborigines or Torres Strait Islanders, or to other persons significant in Aboriginal or Torres Strait Islander history; and
(b) objects made on missions or reserves; and
(c) objects relating to the development of Aboriginal or Torres Strait Islander protest and self‑help movements; and
(d) original documents, photographs, drawings, sound recordings, film and video recordings and any similar records relating to objects included in this category.
Note: Objects of Aboriginal or Torres Strait Islander fine or decorative arts are dealt with in Part 5 of this Schedule.
Part 2 Archaeological objects
Part 2—Archaeological objects
2.1 This Part lists objects of the category “Archaeological objects”.
2.2 An object is in this category if it:
(a) is of significance to Australia; and
(b) is an Indigenous or non‑Indigenous object that was recovered, as mentioned in paragraph 7(1)(a) of the Act, after remaining for at least 50 years in the place from which it was removed; and
(c) is not represented in at least 2 public collections in Australia by an object of equivalent quality.
2.3 Objects in this category are Class B objects, and include:
(a) objects relating to seagoing exploration, transportation, supply and commerce, including ordnance, coins, ships’ gear, anchors, cargo and personal items from shipwrecks, sunken ships and landfalls, ships’ logbooks and other documentation; and
(b) objects relating to military activity; and
(c) objects relating to the exploration of Australia and to the colonisation and development of Australia by non‑Indigenous peoples; and
(d) objects relating to convict transportation and settlement; and
(e) objects relating to relations between Indigenous and non‑Indigenous peoples; and
(f) objects relating to missionary activity; and
(g) objects (including documentation) relating to the history of mining, processing, industry, technology and manufacture in Australia; and
(h) objects relating to the development of the pastoral industry and other land industries; and
(i) objects relating to whaling and sealing; and
(j) objects relating to visits to, or settlement in, Australia of identifiable cultural minorities; and
(k) biological or ethnographic objects or collections; and
(l) human remains, other than remains mentioned in Part 1 of this Schedule; and
(m) organic remains associated with, or representative of, a prehistoric or historic culture; and
(n) archaeological objects not mentioned in this clause relating to persons, places or events significant in the history of Australia; and
(o) unclassified material recovered, as mentioned in paragraph 7(1)(a) of the Act, for archaeological study; and
(p) material related to any object mentioned in this clause that adds significantly to Australian historical or scientific information.
Part 3 Natural science objects
Part 3—Natural science objects
3.1 This Part lists objects of the category “Natural science objects”.
3.2 An object is in this category if it:
(a) is of significance to Australia; and
(b) is an object of the kind mentioned in clause 3.4; and
(c) is not adequately represented in public collections in Australia.
3.3 For the purposes of paragraph 3.2(c), an object of a kind well represented in public collections in Australia may nevertheless not be adequately represented because of the object’s quality or because of the place where the object was collected.
3.4 Objects in this category are Class B objects, and include:
(a) any palaeontological object; and
(b) any mineral object not otherwise mentioned in this clause having a current Australian market value of at least $10,000; and
(c) any gold nugget having a current Australian market value of at least $250,000; and
(d) any diamond or sapphire having a current Australian market value of at least $250,000; and
(e) any opal having a current Australian market value of at least $100,000; and
(f) any other gemstone having a current Australian market value of at least $25,000; and
(g) any meteorite; and
(h) any type specimen of present‑day flora or fauna, a palaeontological object or a mineral if:
(i) the type specimen is not lodged in an overseas collecting institution; or
(ii) a permit under Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 is not in force for the type specimen.
3.5 In this Part:
holotype means the original specimen from which the description of a new species is made.
lectotype means a specimen selected as the type of a species or subspecies if the type was not designated by the author of the original description.
mineral includes a carving or sculpture created from any mineral, including a polished gemstone, but does not include any ore or concentrate used industrially or intended for industrial use.
neotype means a specimen chosen to act as a type material subsequent to a published original description if a holotype has been lost or destroyed.
palaeontological object means:
(a) a vertebrate or invertebrate fossil or plant fossil or a trace fossil specimen, not being a fossil fuel or fossiliferous rock used or intended for any use relating to industry; or
(b) a sculpture or other object made from fossiliferous or fossilised matter; or
(c) a precious or non‑precious opal replacement fossil of a vertebrate or invertebrate animal or of a plant.
paratype means a specimen other than a holotype, used at the time of original description, and designated as a paratype by the author of the original description, or clearly indicated as being one of the specimens on the basis of which the original description was made.
syntype means any specimen of a series in which no specimen is designated as the holotype.
type specimen means holotype, lectotype, neotype, paratype or syntype, as appropriate.
Part 4 Objects of applied science or technology
Part 4—Objects of applied science or technology
4.1 This Part lists objects of the category “Objects of applied science or technology”.
4.2 The objects in this category relate to human enterprise and activity, other than artistic activity, such as:
(a) tools, weapons, implements and machines; and
(b) any other object produced by, or related to, an object of the kind mentioned in paragraph (a), including prototypes, models, patents and equipment.
4.3 An object is in this category if:
(a) it is of significance to Australia; and
(b) for an object:
(i) of Australian origin—it was made in Australia at least 30 years ago; or
(ii) that has substantial Australian content—the Australian content was made in Australia at least 30 years ago; or
(iii) that is not of Australian origin—it was in use in Australia at least 30 years ago; and
(c) it is an object of the kind mentioned in clause 4.4; and
(d) it is not represented in at least 2 public collections in Australia by an object of equivalent quality.
4.4 Objects in this category are Class B objects, and include:
(a) any agricultural object, including:
(i) an object used for agricultural production; and
(ii) an object used for processing agricultural products; and
(iii) an object relating to an industry producing products for use in agriculture; and
(iv) any tool, implement or equipment used or intended for use in agriculture or in farming life; and
(v) scientific equipment relating to agricultural research; and
(vi) any other thing related to agriculture; and
(b) any engineering object, including:
(i) a manufactured object relating to any branch of engineering, including any object that is a machine or hand tool, engine or workshop equipment, a control system or control mechanism, or an invention, prototype or related model or patent object; and
(ii) any other thing related to engineering; and
(c) any object of air transport, including:
(i) any lighter‑than‑air craft, including an airship; and
(ii) a glider, or kite, including a hang glider; and
(iii) any power‑driven aircraft; and
(iv) any equipment used, or intended for use, in aircraft manufacture or repair; and
(v) any aircraft communication and guidance system, or component of that kind of system; and
(vi) any aircraft instrument, engine, equipment, part or weapon; and
(vii) any prototype aircraft or experimental material relating to the design or manufacture of aircraft; and
(viii) any other thing related to air transport; and
(d) any object of rail transport, including:
(i) a locomotive or rolling stock for a railway; and
(ii) a tram or an associated service vehicle for a tramway; and
(iii) any equipment, tool, accessory, machinery or model relating to rail transport; and
(iv) any other thing related to rail transport; and
(e) any object of road transport, including:
(i) a motor vehicle or horse‑drawn vehicle; and
(ii) a motorcycle or a pedal‑operated cycle; and
(iii) a mining or other barrow, perambulator, sedan chair or litter; and
(iv) any equipment, manufacturing machine, tool, fuel distribution appliance or instrument relating to an object mentioned in subparagraph (i) or (ii); and
(v) any other thing related to road transport; and
(f) any object of scientific interest, including:
(i) an implement, tool or device used, or intended for use, for scientific examination or measurement; and
(ii) apparatus assembled or constructed for purposes of scientific research; and
(iii) a model of original scientific apparatus or of an original scientific instrument; and
(iv) any other thing related to the field of science; and
(v) any object that is a component or part related to any object mentioned in any of subparagraphs (i) to (iv); and
(g) any object of water transport, including:
(i) a sailing vessel, a steam‑propelled vessel or a power‑driven vessel; and
(ii) a rowing boat, canoe or punt; and
(iii) any equipment, manufacturing machine, tool or navigation equipment relating to water transport; and
(iv) any other thing related to water transport; and
(h) any object of weaponry, including any aircraft, vehicle, vessel, weapon, or a related component or related equipment, used or intended for use in warfare involving Australia either in Australia or overseas (but not currently in use for the Australian Defence Force).
Part 5 Objects of fine or decorative art
Part 5—Objects of fine or decorative art
5.1 This Part lists objects of the category “Objects of fine or decorative art”.
5.2 An object is in this category if it is:
(a) an object of the kind mentioned in clause 5.3; or
(b) an object of the kind mentioned in clause 5.4 that:
(i) is an Australia‑related object; and
(ii) is at least 30 years old.
5.3 An object mentioned in column 1 of an item in the following table that has a current Australian market value of at least the amount mentioned in column 2 of the item is a Class A object.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Objects of Fine or Decorative Art that are Class A objects</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:67.88%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p><p class="TableHeading"><span>Object</span></p></td><td style="width:22.04%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p><p class="TableHeading"><span>Amount</span></p></td></tr></thead><tbody><tr><td style="width:10.08%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:
This is an opening excerpt, not the complete document.