PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 - NOTES

PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 - NOTES

No. 11, 1986

Compilation No. 20

Compilation date: 20 March 2024

Includes amendments: Act No. 74, 2023

Registered: 30 March 2024

About this compilation

This compilation

This is a compilation of the Protection of Movable Cultural Heritage Act 1986 that shows the text of the law as amended and in force on 20 March 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part I--Preliminary

1 Short title

2 Commencement

3 Interpretation

3A Approved forms...............................

4 Act binds the Crown

5 Application

6 Extension to Territories

6A Application of the Criminal Code

Part II--Control of Exports and Imports

Division 1--Exports

7 Movable cultural heritage of Australia

8 National Cultural Heritage Control List

9 Unlawful exports

10 Grant of permits in respect of particular objects

10A Grant of general permits for certain institutions

11 Permits

12 Certificates of exemption

13 Variation etc. of conditions and period of permit or certificate

13A Address for service of notices

Division 2--Imports

14 Unlawful imports

Part III--Administration

15 National Cultural Heritage Committee

16 Functions of Committee

17 Constitution of Committee

18 Removal and resignation

19 Remuneration and allowances

20 Disclosure of interests

21 Meetings

21A Conduct of meetings

21B Certain resolutions may be made without meetings

22 Register of expert examiners

23 Expert examiners

24 Delegation

Part IV--National Cultural Heritage Account

25 Establishment of National Cultural Heritage Account

25A Credits to Account

25B Purpose of Account

26 Taxation

Part V--Enforcement of Act

27 Interpretation

28 Inspectors

29 Identity cards

30 Search warrants

31 Search warrants granted by telephone

32 Searches in emergencies

33 Powers of arrest

34 Seizure of protected objects

35 Power of retention

36 Notice of seizure

37 Court proceedings

38 Result of forfeiture

39 Production of permit

40 Proof of authority

41 Foreign country to request return of objects

43 Assistance of inspectors

46 Indictable offences

Part VI--Miscellaneous

47 Annual report

48 Administrative Appeals Tribunal

49 Regulations

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section  15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history