Protection of Cultural Objects on Loan Regulation 2014

The Protection of Cultural Objects on Loan Regulation 2014 No. 142 (Cth) has been made under the authority of the Protection of Cultural Objects on Loan Act 2013 No. 12 (Cth).  The new regulation commences from 8 October 2014.

According to the explanatory statement, the objective of the Regulation is to detail the key requirements for certain borrowing institutions approved under the governing Act, in relation to cultural objects on loan from overseas for the purposes of temporary exhibition in Australia. 

Specifically, the Regulation provides the matters the Minister must consider in deciding whether to approve a borrowing institution under the governing Act, with specific regard to the loans policies and procedures of the borrowing institution.  It also:

• prescribes the consultation procedures borrowing institution must consider when proposing to import an object for temporary exhibition in Australia including a requirement for institutions to have written consultation policies publically available;
• prescribes the information that borrowing institutions are required to publish relating to objects proposed for loan on the institution’s website for a specified period of time;
• prescribes the actions borrowing institutions must take when they receive an enquiry or a claim of interest regarding an object for which protection under Part 2 (Protection) of the governing Act applies;
• prescribes the requirements of information to be included in an annual report to the relevant Minister on the activities undertaken by a borrowing institution in relation to the operation of the governing Act or the Regulation;
• prescribes an organisation as a borrowing institution for the purposes of the governing Act;
• extends the range of services included in the definition of “protected persons” by prescribing the service of exhibiting the object in Australia; and
• makes other related and miscellaneous provisions, including to enable the relevant Minister to delegate all of his or her functions and powers under the Regulation to a “Senior Executive Service” employee or acting “Senior Executive Service” employee in the Department.

The full text of the regulation can be downloaded here.