Commonwealth Numbered Acts

PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986 No. 11, 1986 - SECT 9

9. (1) Where a person exports an Australian protected object otherwise than in
accordance with a permit or certificate, the object is forfeited.

(2) Where a person attempts to export an Australian protected object otherwise
than in accordance with a permit or certificate, the object is liable to
forfeiture.

(3) A person who knowingly-

   (a)  exports, or attempts to export, an Australian protected object
        otherwise than in accordance with a permit or certificate; or

   (b)  contravenes, or attempts to contravene, a condition of a permit or
        certificate, is guilty of an offence punishable, on conviction, by-

   (c)  if the person is a natural person-a fine not exceeding $100,000 or
        imprisonment for a period not exceeding 5 years, or both; or

   (d)  if the person is a body corporate-a fine not exceeding $200,000.

(4) For the purposes of this section, an object shall be taken to be exported
at the time when-

   (a)  the object has been placed on board a ship or aircraft at a particular
        place in Australia with the intention that it be taken out of
        Australia by that ship or aircraft and the departure of the ship or
        aircraft from that place has commenced; or

   (b)  the object has been delivered as a postal article into the control of
        the Australian Postal Commission at a particular place in Australia
        with the intention that it be sent out of Australia by post and the
        movement of the postal article from that place has commenced.

(5) Without limiting the meaning of references in this section to a person
attempting to export an object, a person shall be taken to attempt to export
an object if the person conveys, or has possession of, the object with intent
to export it or knowing that it is intended to be exported.

(6) For the purposes of this section, a person who exports or attempts to
export an Australian protected object shall be taken to export, or attempt to
export, the object otherwise than in accordance with a permit or certificate
unless, before exporting or attempting to export the object, the person
produces a permit or certificate authorising the export-

   (a)  where the export is not from an external Territory-to an officer of
        Customs; or

   (b)  where the export is from an external Territory-to an inspector
        performing duties in relation to the export of
        Australian protected objects.