Commonwealth Numbered Acts

PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 No. 11, 1986 - SECT 3

3. (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;

"Australia" includes the external Territories other than Norfolk Island;

"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;

"continental shelf" has the same meaning as in the Seas and Submerged Lands 
Act 1973 ;

"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;

"Fund" means the National Cultural Heritage Fund established by section 25;

"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;

"permit" means a permit in force under section 11;

"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;

"territorial sea", in relation to Australia, has the same meaning as it has
for the purposes of the Seas and Submerged Lands Act 1973;

"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, 7 or 7A of the Crimes Act 1914; or

   (b)  sub-section 86 (1) of that Act by virtue of paragraph (a) of that
        sub-section, being an offence that relates to an offence against that
        provision of this Act, or against this Act, as the case may be.

(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.