Protection of Cultural Objects on Loan Scheme

No. You need to import the object under a temporary loan arrangement and involve an approved borrowing institution. The institution must first be approved, otherwise the objects are not protected by the Act.

No. Australian legislation cannot provide protection in foreign jurisdictions.

The Act provides protection only while the object is in Australian territory, from the time of import until the time of export.

While the Act stops most types of legal action including seizure and suit (legal proceedings brought to a court of law) and the enforcement of judgements and orders, from the time of import until the export of the object, it is not a guarantee of return.

Yes. The scheme aims to facilitate loans of Aboriginal and Torres Strait Islander cultural material from foreign collections and increase access to that material by Aboriginal and Torres Strait Islander peoples.

Loans of Aboriginal and Torres Strait Islander cultural objects provide opportunities to reconnect with culture and facilitate further engagement and relationships between overseas institutions and Indigenous communities.

However, Aboriginal and Torres Strait Islander cultural material categorised as Class A under the Protection of Movable Cultural Heritage Act 1986, are not given protection against seizure, in recognition of their cultural significance within Australia.

No, the Protection of Cultural Objects on Loan Act 2013 does not require specific clauses or a specific type of loan agreement. A legally binding loan agreement is important for many reasons, and borrowing institutions should seek their own legal advice about individual loan agreements.

Yes, protection can apply to an exhibition at a venue which has not been approved under the Act, if there is an arrangement between that venue and an approved borrowing institution.

Protection can apply to all venues of a touring exhibition if at least one venue or partner is an approved borrowing institution under the Act. Protection can also apply to a loan coordinated by an exhibition facilitator, if the exhibition facilitator has an arrangement with an approved borrowing institution in regard to the loan.

Australia's Protection of Cultural Objects on Loan Act 2013 provides comprehensive protection for loans of cultural material to Australia. While a number of other countries offer immunity from seizure legislation, there are differences how each operates. Prospective lenders should seek their own advice about the protections afforded to their objects.

Yes. If the lender or lender's details meet the definition under Section 5 of the Act, these types of ownership arrangements can be protected by this Act.

The lender is not always the owner. The lender is the entity that would normally have the physical possession, custody or control of the object outside of Australia for the period of the loan. It is the lender that needs to enter into an agreement to be provided protection under the Act.

No. Once the object is imported into Australia under the provisions of the Protection of Cultural Objects on Loan Act 2013, you can’t stop protection.

Protection applies only while the object is on loan and does not prevent any other action in regard to fraudulent behaviour following its export from Australia. It also does not prevent action in a foreign jurisdiction, for example if the contract were entered outside Australia.

As a borrowing institution, legal action could be taken following the export of the object, but the object cannot be seized if it is not in Australia. The Protection of Cultural Objects on Loan Act 2013 provides legal protections to objects on temporary loan to Australia and cease to apply once the object leaves Australia.

The protections provided by the Act prevent third-party title claims on the object. Once the object has been imported, protection cannot be revoked.

Yes. This is one of the reasons for the Protection of Cultural Objects on Loan Regulation 2014: it ensures borrowing institutions meet best practice standards on each borrowing occasion.

Consultation is an important aspect of the Protection of Cultural Objects on Loan Scheme and it is a requirement in the Protection of Cultural Objects on Loan Regulation 2014.

As a borrowing institution, you must consider the nature of the object and its relationship to Australian communities and determine the extent of consultation required.

Depending on the circumstances, you might not need to consult over all loans, but you will need to consult over all proposed loans of Aboriginal and Torres Strait Islander cultural heritage objects. This is because they could hold special values and meanings for individuals and communities.

The publication of information about international loans to be protected under the Protection of Cultural Objects on Loan Act 2013 is an important transparency measure of the scheme.

This is not discretionary and has been specified in the Protection of Cultural Objects on Loan Regulation 2014.

In exceptional circumstances, you can apply to the Minister for the Arts to ask for permission not to publish some or all of the information on an object. You must make the request in writing and set out which information the institution does not want to publish and the reasons not to publish that information.

The scheme's publication requirements include the flexibility to describe a lender or owner as 'private owner' or 'private collection'.

It is your responsibility as a borrowing institution to do your due diligence and consider why the lender does not want information to be made available.

Your approval as a borrowing institution lasts for only five years. The exact approval dates will be provided in writing when the approval is granted.

After five years, you will need to apply again for approval. Submit your applications about three months before the end of the existing approval period, otherwise you risk your approval ending before the new approval can be given.

Your approved status can be revoked, or conditions applied to the approval, if:

• you do not maintain the standards of conduct in relation to matters that were considered at the time of approval
• you have contravened a regulation or any condition of approval.

This includes not upholding appropriate standards in regard to international loans.

The risk of seizures or legal action taking place under the Protection of Cultural Objects on Loan Act 2013 is very small.

There are exceptions in the Act that could affect you, and most are included to ensure that Australia meets its international treaty obligations about criminal actions. These treaties include the UN Conventions against transnational organised crime, corruption, suppression of the financing of terrorism and illicit traffic in narcotic drugs.