PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 - SECT 10 Grant of permits in respect of particular objects

PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 - SECT 10

  (1)   A person may apply to the Minister for a permit to export a Class B object.

  (2)   An application shall be made in writing in the approved form.

  (3)   On receipt of an application, the Minister shall refer it to the Committee and the Committee shall refer it to one or more expert examiners.

  (4)   The expert examiner or examiners shall submit to the Committee a written report on the application, and the Committee shall forward the report to the Minister together with the written recommendations (if any) made by the Committee.

  (5)   The Minister shall consider the report and recommendations (if any) and:

  (a)   grant a permit to export the Class B object concerned, subject to such conditions (if any) as the Minister specifies; or

  (b)   refuse to grant a permit.

  (6)   In considering the application, an expert examiner, the Committee and the Minister:

  (a)   shall have regard, among other things, to the reasons referred to in subsection   7(1) that are relevant to the object to which the application relates; and

  (b)   if satisfied that the object is of such importance to Australia, or a part of Australia, for those reasons, that its loss to Australia would significantly diminish the cultural heritage of Australia--shall not recommend the grant of a permit, or grant a permit, as the case may be, to export the object permanently.

  (7)   If the Minister refuses to grant the permit, the Minister shall, within the prescribed period after the decision is made, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.