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Protection of Movable Cultural Heritage Act 1986 (consolidated as of July 1, 2014), Australia

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Year of Version 2014 Dates Entry into force: July 1, 1987 Adopted: May 1, 1986 Type of Text IP-related Laws Subject Matter Copyright and Related Rights (Neighboring Rights), Other Notes This consolidated version of the Protection of Movable Cultural Heritage Act 1986 (the PMCH Act) includes amendments up to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 (see the endnotes 3 and 4 for the amending laws and amending history from pages 39 to 43 of this consolidated version).

The Act regulates the export of objects that are significant to Australia’s movable cultural heritage and history, including, among others, objects relating to Indigenous Australians, artistic works, objects of scientific or technological interest, as well as books, records, documents or photographs, graphic, film or television material, or sound recordings (Part II, Division 1, Section 7).
The National Cultural Heritage Control List (the List) of Australian protected objects established by the Act divides such objects into two classes: Class A objects which may not be exported and Class B objects which can be exported if granted a permit. The List is prescribed by the Protection of Movable Cultural Heritage Regulations 1987, that outlines the categories of objects in Class A and Class B that constitute movable cultural and heritage and are to be subject to export control (Part II, Division 1, Section 8).
Collecting institutions (art galleries, museums, public archives and libraries) may apply for general permits to export temporarily any Class B objects and must apply in writing to the Minister for the Arts.

The Act also provides for the return of foreign cultural property, that has been unlawfully exported from its country of origin and imported to Australia (Part II, Division 2, Section 14).

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Protection of Movable Cultural Heritage Act 1986(AU161)
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Protection of Movable Cultural Heritage Act 1986 (consolidated as of October 21, 2016) (AU451)
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WIPO Lex No. AU396