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OFTA Consultation update: ICIP legislation

Consultation update: Indigenous cultural and intellectual property, Office for the Arts, 1 July 2024

The first stage of public consultation on protecting Indigenous cultural and intellectual property (ICIP) has wrapped up.

Detail of Tjulpu Kirrkingpa (Bird Family) by Erica Ikungka Shorty from Warakurna WA. 2022. Image by Genevieve Harold. Copyright Tjanpi Desert Weavers, NPY Women’s Council.

Thank you to everyone who shared their views with us in-person and online. We have had invaluable discussions during the 43 public engagement sessions we held across 38 locations nationally, in our 3 online sessions, and through workshops and meetings with key stakeholders. We have also received 20 written submissions.

Some of the key themes you told us in respect to fake art include:

  • The need for greater awareness of the rights of First Nations people and the need to respect First Nations cultures.
  • Whether some type of central body could assist communities to deal with breaches of their cultural rights.
  • The need for legally enforceable penalties for the creation and sale of any First Nations art, merchandise and souvenirs created without input or permission from Aboriginal or Torres Strait Islander people.

Support for communities and artists to protect and respond to breaches of cultural rights.
Your assistance will help inform the drafting of the bill. The bill will cover fake art, merchandise and souvenirs and is expected to be introduced in 2025.

The second stage of consultation will also start in 2025. This will focus on how to protect broader forms of Indigenous cultural and intellectual property.


See also: Stand-alone Indigenous Cultural and Intellectual Property Legislation