Session 3 - BSBLIB401 Cultural Issues and Legislation

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To finish up on our unit BSBLIB401, I want to highlight legislation that is designed to protect Australian Cultural Heritage including Aboriginal and Torres Strait Islander materials.

The Australian Best Practice Guide to Collecting Cultural Material, a publication from the Ministry for the Arts is issued under a Creative Commons BY licence. The document can be found here

Section 4 of this document covers National and International agreements and legal considerations

Extract from Page 9:

"Public collecting institutions must be familiar and comply with legal obligations relating to the acquisition and loan of cultural material. Many countries are party to international conventions regarding the import, export and transfer of ownership of cultural material. As a result many countries, including Australia, have laws regulating these activities. Institutions should ensure their collection acquisition and borrowing policies are consistent with national legislation and international treaties and conventions. "

4.1 The Protection of Movable Cultural Heritage Act 1986 (PMCH Act) implements Australia’s obligations under the  UNESCO Convention on the Means of Prohibiting and Preventing Illicit Import, Export and Transfer of Ownership of Cultural Property, 1970 (1970 UNESCO Convention) to which Australia is a State Party. The 1970 UNESCO Convention requires State Parties to ensure that no collecting institution accepts illegally exported items. 

Under the PMCH Act, an object may be liable for return if it:
• is considered to be a protected object of a foreign country; and
• was exported in contravention of that country’s cultural property law; and 
• was imported into Australia after 1987 (when the PMCH Act came into force).

4.2 Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
The EPBC Act establishes a permit system to allow the import and export of specimens listed by the CITES Convention, including for non-commercial purposes.

4.3 Other heritage legislation and international agreements
• Historic Shipwrecks Act 1976, which protects historic wrecks and associated relics more than 75 years old that are in Commonwealth waters
• Aboriginal and Torres Strait Islander Heritage Protection Act 1984, which can protect areas and objects of significance to Aboriginal and Torres Strait Islander peoples
• Protection of Cultural Objects on Loan Act 2013, which protects the cultural heritage of Australia and other countries from seizure when on loan from overseas to an approved Australian collecting institution

Victorian Legislation




List of Legislation for all states available here



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