PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 - SECT 3 Interpretation
PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 - SECT 3
Interpretation(1) In this Act, unless the contrary intention appears:
"aircraft" means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy.
"appoint" includes re - appoint.
approved form ", in relation to a provision of this Act, means a form approved in an instrument under section" 3A for the purposes of that provision.
"Australia" includes the external Territories.
"Australian protected object" means a Class A object or a Class B object.
"certificate" means a certificate in force under section 12.
"Chairperson" means the Chairperson of the Committee.
"Class A object" means an object included in the class of Class A objects in the Control List.
"Class B object" means an object included in the class of Class B objects in the Control List.
"coastal sea" , in relation to Australia, means:
(a) the territorial sea of Australia; and
(b) the sea on the landward side of the territorial sea of Australia.
"Committee" means the National Cultural Heritage Committee established under section 15.
"condition" , in relation to a permit, means a condition to which the permit is subject.
"Control List" means the National Cultural Heritage Control List in force under section 8.
"expert examiner" means a person whose name is in the register kept under section 22.
"export" means export from Australia.
"import" means import into Australia.
"inland waters of Australia" includes all waters on the landward side of the coastal sea of Australia.
"inspector" means a person who is an inspector by virtue of section 28.
"member" means a member of the Committee.
"National Cultural Heritage Account" means the Account established by section 25.
"officer of Customs" has the meaning given by subsection 4(1) of the Customs Act 1901 .
"permit" means a permit in force under section 11.
"principal collecting institution" means:
established under a law of the Commonwealth, a State or a Territory.
"protected object" means an Australian protected object or a protected object of a foreign country.
"protected object of a foreign country" means an object forming part of the movable cultural heritage of a foreign country.
"structure" includes a platform fixed to the seabed or otherwise operating in the sea.
"vessel" means anything capable of carrying persons or goods through or on water, and includes an air - cushion vehicle or similar craft.
(2) A power conferred on a person by this Act may be exercised in the discretion of the person.
(3) A reference in this Act to an offence against a particular provision of this Act, or against this Act, includes a reference to an offence against:
(a) section 6 of the Crimes Act 1914 ; or
(b) an ancillary offence (within the meaning of the Criminal Code );
being an offence that relates to an offence against that provision of this Act, or against this Act, as the case may be.
(3A) A reference in this Act to an offence against this Act includes a reference to an offence against section 148.1, 148.2, 147.1 or 149.1 of the Criminal Code that relates to this Act.
(4) For the purposes of the application of this Act in relation to a body corporate, but without prejudice to the liability of any person other than the body corporate:
(a) a statement made, or document furnished, by a person acting on behalf of the body corporate shall be deemed to be made or furnished by the body corporate; and
(b) the knowledge of any person employed by, or concerned in the management of, the body corporate shall be deemed to be knowledge of the body corporate.
(5) A reference in this Act to the movable cultural heritage, in relation to a foreign country, is a reference to objects that are of importance to that country, or to a particular part of that country, for:
(a) ethnological, archaeological, historical, literary, artistic, scientific or technological reasons; or
(b) any other prescribed reasons.
(6) The provisions of this Act relating to the exportation or
importation of an object apply notwithstanding that the object may have been
brought into Australia from a country for the purpose of transportation to
another country or as part of the stores or equipment of a vessel or aircraft.