Movable cultural heritage – inspectors and their powers
The Minister for the Environment, Heritage and the Arts appoints inspectors to enforce the provisions of the Protection of Movable Cultural Heritage Act 1986. Members of the Australian Federal Police and the police forces of the respective States and Territories are automatically appointed inspectors.
Inspectors may, with or without a warrant:
- enter upon the land or upon or into the premises, structure, vessel, aircraft or vehicle
- search the land, premises, structure, vessel, aircraft or vehicle for Australian protected objects or foreign protected objects imported into Australia
- seize any Australian protected objects found there that they believe on reasonable grounds to be forfeited or connected with an offence under the Act
- arrest without warrant any persons suspected of committing, or having committed, an offence under the Act
- seize any object that they believe on reasonable grounds to be forfeited.
Seizure and forfeiture
Inspectors may seize any object that they believe on reasonable grounds to be gained by incorrect means. Once an Australian protected object is seized, provisions for notification and claim apply. The same provisions apply to suspected foreign protected objects where the foreign country has requested their return.
The PMCH Act requires that a 'notice of seizure' be issued 'as soon as practicable' following the physical seizure of objects. This notice must contain a description of the objects being seized.
The notice of seizure requires the owner of the object to take action within 30 days in one of the following ways:
- write to the 'appropriate person' designated in the notice of seizure under s.36(5) of the PMCH Act.
- take immediate action in the courts to regain the objects prior to the expiration of the 30-day period.
At any time during this process the owner may place the issue before the Australian Federal Court for determination.
If these actions are unsuccessful, the object is forfeited under section 38(a) of the PMCH Act and all title in the object is vested in the Commonwealth without further proceedings.
If the owner takes no action during the initial 30-day period, the object would forfeit automatically to the Commonwealth.
On forfeiture, the object may be disposed of in accordance with the direction of the Minister. In the case of foreign protected objects, the Minister usually directs that they be returned to the requesting country. Forfeited Australian protected objects are usually placed in an appropriate Australian public collecting institution for the benefit of all Australians.
The role of Customs
The Australian Customs Service has an important role in identifying instances of attempted export of objects in breach of the PMCH Act and work closely with Inspectors in enforcement matters.
Customs officers have powers under Customs laws to embargo the export of an object they believe on reasonable grounds to be an Australian protected object. The matter is then referred to an Inspector under the PMCH Act and the object transferred to the control of the Inspector.
