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PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 - SECT 41

Foreign country to request return of objects

             (1)   A power conferred by this Part shall not be exercised by an inspector in relation to a protected object of a foreign country unless the inspector believes on reasonable grounds that the Commonwealth has received from the Government of the country a request for the return of the object.

             (2)   Proceedings for a contravention of section 14 in relation to a protected object of a foreign country shall not be instituted unless the Commonwealth has received from the Government of the country a request for the return of the object.

             (3)   In any proceedings, the mere production of a document purporting to be signed by the Secretary to the Department and stating that the Commonwealth has received a request from the Government of a specified foreign country for the return of a specified protected object is prima facie evidence of the facts stated.



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