Commonwealth Coat of Arms of Australia

 

Protection of Movable Cultural Heritage (Approved Forms) Instrument 2024 (No. 1)

I, Ann Campton, Assistant Secretary, Collections and Cultural Heritage Branch, Department of Infrastructure, Transport, Regional Development, Communications and the Arts, as delegate of the Minister for the Arts, make the following instrument under section 3A of the Protection of Movable Cultural Heritage Act 1986.

Dated  18 July 2024

 

Ann Campton
Assistant Secretary, Collections and Cultural Heritage Branch
Department of Infrastructure, Transport, Regional Development, Communications and the Arts
 

 

 

 

Contents

Part 1 – Preliminary

1  Name

2  Commencement

3  Authority

4  Definitions

Part 2 – Approval of forms

5 Approved form – Application for a Permit to Export a Class B Object

6 Approved form – Application for a Certificate of Exemption

7  Approved form – Application to Vary a Permit to Export a Class B Object or Certificate of Exemption

8  Approved form – Permanent Export of a Class B Object Permit

9  Approved form – Temporary Export of a Class B Object Permit

10  Approved form – Certificate of Exemption

Schedule 1—Approved form - Application for a Permit to Export a Class B Object

Schedule 2—Approved form - Application for a Certificate of Exemption

Schedule 3—Approved form - Application to Vary a Permit to Export a Class B Object or Certificate of Exemption

Schedule 4—Approved form - Permanent Export of a Class B Object Permit

Schedule 5—Approved form - Temporary Export of a Class B Object Permit

Schedule 6—Approved form - Certificate of Exemption

Part 1 – Preliminary

1  Name

  This instrument is the Protection of Movable Cultural Heritage (Approved Forms) Instrument 2024 (No. 1).

2  Commencement

 This instrument commences the day after it is registered.

3  Authority

 This instrument is made under section 3A of the Protection of Movable Cultural Heritage Act 1986.

4  Definitions

Note: A number of expressions used in this instrument are defined in subsection 3(1) of the Act, including the following:

(a)     approved form;

(b)     Australian protected object;

(c)     certificate;

(d)     Class B object;

(e)     export;

(f)      permit;

(g)     protected object.

  In this instrument:

Act means the Protection of Movable Cultural Heritage Act 1986.


Part 2 – Approval of forms

5  Approved form – Application for a Permit to Export a Class B Object

  For the purposes of subsection 10(2) of the Act, the approved form for a person to apply to the Minister for a permit to export a Class B object under subsection 10(1) of the Act is the form at Schedule 1.

6  Approved form – Application for a Certificate of Exemption

  For the purposes of subsection 12(2) of the Act, the approved form for a person who applies to the Minister for a certificate authorising the exportation of an Australian protected object under subsection 12(1) of the Act is the form at Schedule 2.

7  Approved form – Application to Vary a Permit to Export a Class B Object or Certificate of Exemption

  For the purposes of subsection 13(3) of the Act, the approved form for a holder of a permit or certificate to make an application is the form at Schedule 3.

8  Approved form – Permanent Export of a Class B Object Permit

  For the purposes of subsection 11(1) of the Act, the approved form for a permit granted under paragraph 10(5)(a) of the Act for an indefinite period is the form at Schedule 4.  

9  Approved form – Temporary Export of a Class B Object Permit 

  For the purposes of subsection 11(1) of the Act, the approved form for a permit granted under paragraph 10(5)(a) of the Act for a specified period is the form at Schedule 5.  

10  Approved form – Certificate of Exemption

  For the purposes of subsection 12(4) of the Act, the approved form for a certificate granted under paragraph 12(3)(a) of the Act is the form at Schedule 6.


Schedule 1—Approved form - Application for a Permit to Export a Class B Object

Application for a Permit to Export a Class B Object

Form Preview

 

Applicant details

Applicant  Applicant Name *                                      Individual  Organisation

                                                                      Organisation Name

                                                                     Title        First Name      Last Name

 

                                                                            Must be the full legal name of the applicant organisation

 

Primary address * 

Address

 

Map placeholder for the address entered

 

Address Line 1, Suburb/Town, State/Province, and Postcode are required.

When recording your location, you may be presented with multiple address options. Please choose the most complete address with a postcode when making your selection.

 

Contact details

 

Contact name *

Name

Title

First Name 

Last Name

 

Position

 

Phone number *

Email *

Must be an email address.

 

What is your  Owner

relationship to the  Authorised agent

object? *  Potential buyer

 

If you are not the Owner, please confirm that you have authority to apply for this Export Permit? *

      Yes  No

 

Please provide reason for ticking no *

 

Note: Section 13A of the Act requires the provision of an address in Australia for the service of notices. You may update this address at any time by giving notice in writing in the same manner as you submitted this application.

 

Note: The Department will correspond with you in relation to your application, including providing the outcome of your application and any reasons for decision, via the email address included in your application form, unless you indicate another preference.

 

Owner details 

Please provide details of the Owner (optional).

 

Name

Title First Name Last Name

 

Organisation

 

Address
Address

 

Phone number

 

Email

Must be an email address.

 

If your application is approved, who should the Export Permit be issued to? (e.g. John Smith, or John Smith's Auction House) *

 

Object details

* indicates a required field

 

Object name *

 

Object details *

What is the object? e.g. a painting or a stamp.

 

Photographic requirements

 

Please provide photos of the object, while clearly naming file uploads (i.e. vehicle - front/rear/side).

 

  You must provide clear colour photographs of the object. The object should be clearly visible and identifiable.

  Where the object has a serial, chassis or engine number, photos of this identification must be included. If the number is not accessible an alternative method of identification such as a pencil rubbing of the compliance plate is acceptable.

  A clear scan of a photograph of the object published in a book or catalogue is acceptable.

  For natural science objects, a photo of the actual specimen, or in the case of a collection, a representative sample must be included.

  For very large collections, a photo of the most significant object as well as a photo of a representative example of the collection must be included. Large collections may be inspected.

  The department may request further information, including additional photographs, or access to view the object, in order to accurately assess the significance of the object.

 

Attach photos of the object here *
Attach a file:

Multiple files can be attached here.

 

Will the export of this object be permanent or temporary *

Permanent  Temporary

 

Physical description *

As appropriate, please include measurements, material, colour, medium, damage, makers marks and inscriptions.

 

Date of creation, manufacture or find. *

May be a date, date range, or time period, e.g. 01/01/11901; c.1900; 1900-1910; or 19th century. Be as specific as possible. If this information is not known, enter Unknown.

 

What is the current market value of the object (in AUD)? *

Must be a dollar amount.

 

Who made or found the object *

If unknown, enter Unknown.

 

Where was the object made or found? *

If unknown, enter Unknown. 

If the object was not made or found in Australia, what year did it come to Australia? If unknown, enter Unknown.

 

Give details of any publications in which the object has been listed or photographed (if applicable). If known, please include the author's name.

 

You can select "Add More" for additional rows.

 

Publication name Author name Website

Does the object have any distinguishing marks or numbers? *

Yes  No

For example; permanently fixed accession number, serial or consignment number, or engine number, indelible manufacturer’s name, mark or model, engraved name, signature, visible damage and/or repair.

 

Please list any marks or markers below.

You can select "Add More" for additional rows.

 

Mark or marker type 

ID or name/description

 

History and provenance of the object

 

Please outline all details of the history and provenance of the object within your knowledge. *

For example; details of the object’s provenance and who may have owned the object before you or its association with a significant Australian person, place, activity, business or event.

 

Please provide any other information which may be relevant to assessing the importance of the object to Australia’s cultural heritage.

For example; its rarity, importance, or extent to which similar objects are already represented in Australian public collections. For Indigenous objects, you could provide information about support from local communities.

 

Permit history of the object

 

Have you ever previously applied for an Export Permit under the Act for this particular object? *

    Yes - Permanent Export Permit

    Yes - Temporary Export Permit

    No

 

Has an Export Permit for this object ever previously been applied for by anybody else? *

    Yes

    No

    Unknown

 

If you answered ‘Yes’ to either question above, was a permit granted? *

    Yes

    No - a Letter of Clearance was issued

    No - the application was withdrawn

    No - the permit was refused

    Unknown

 

Please provide the Export Permit reference number (if known).

 

If a Letter of Clearance was issued, please provide the date it was issued (if known).

Must be a date.

 

If the application was withdrawn, please provide the date of withdrawal (if known).

Must be a date.

 

If the permit was refused, please provide the date it was refused (if known).

Must be a date.

 

Permanent export

* indicates a required field

Complete this part if you wish to export the object permanently.

 

Why do you want to export the object permanently? *

    Object sold to a person overseas

    Owner is relocating overseas

    Proposed for overseas sale

    Gift / bequest to a person or institution overseas

 

Is there anything else you would like to advise us about the planned export? For example, is there an upcoming auction date or other critical date?

For Indigenous objects, you could provide information about support from local communities, if relevant.

 

If your application is approved, what is your planned export date? *

Must be a date.

 

If you are unable to provide a specific date, please provide the nearest month by selecting the first

day of that month. 

 

When expert examiners, the National Cultural Heritage Committee and the Minister or the delegate consider your application, they are required to have regard to any ethnological, archaeological, historical, literary, artistic, scientific or technological reasons why your object is of importance to Australia, or to a particular part of Australia.

 

The Minister or the delegate are not able to grant an export permit for the permanent export of the object if they are satisfied that the object is of such importance to Australia, or a part of Australia, for those reasons, that its loss to Australia would significantly diminish the cultural heritage of Australia.

 

You may outline any reasons why you think the permit should be granted taking into account these considerations:

 

Temporary export

* indicates a required field

 

Complete this part if you wish to export the object temporarily and then return it to Australia.

 

Why do you want to export the object temporarily? *

    Appraisal or valuation

    Owner temporarily relocating overseas

    Repair, restoration or conservation

    Research

    Exhibition

 

Is there anything else you would like to advise us about the planned export? For example, is there an upcoming exhibition date or other critical date?

For Indigenous objects, you could provide information about support from local communities, if relevant.

 

If your application is approved, what is your planned export date? *

If you are unable to provide a specific date, please provide the nearest month by selecting the first day of that month

.

If your application is approved, when is the object expected to return to Australia? *

If you are unable to provide a specific date, please provide the nearest month by selecting the first day of that month.

 

When expert examiners, the National Cultural Heritage Committee and the Minister or the delegate considers your application, they are required to have regard to any ethnological, archaeological, historical, literary, artistic, scientific or technological reasons why your object is of importance to Australia, or to a particular part of Australia.

 

You may outline any reasons why you think the permit should be granted taking into account these considerations:

 

Supporting material certification

* indicates a required field

 

Supporting material

 

If relevant, you may provide any supporting documentation or links below.

Provide links here

Provide uploads here

 

Certification

 

I understand and agree that: *

☐ This application, including personal information collected in the form, and attachments will be shared with Expert Examiners and the National Cultural Heritage Committee for assessment in accordance with requirements of the Protection of Movable Cultural Heritage Act 1986.

☐ If an Export Permit is granted, that permit may be relied on only for the export of the object(s) or collection described in the permit;

☐ If an Export Permit is granted, it may be subject to conditions;

☐ If an Export Permit is granted, it does not provide authority to export the object

otherwise than under the Act;

☐ Information provided in this application may be published on the Department’s website, limited to the name of the object(s), as well as any unique identifiers such as serial numbers.

At least 5 choices must be selected.

 

I declare that all information given in this application is correct.

 

Date of Certification: *

Date you confirm agreement to the above statements.


Schedule 2—Approved form - Application for a Certificate of Exemption

 

 

Title:

     

First name:

     

Surname:

     

Organisation:

     

Address:

     

State:

     

Postcode:

     

Country: (see note below)

Australia

Telephone:

     

Mobile:

     

Email: (see note below)

     

What is your relationship to the object?

o Owner

o Authorised agent

o Potential buyer

If you are not the Owner, please confirm that you have authority to apply for this Certificate of Exemption:

o Yes

o No

If you ticked no, please provide reason

     

If your application is approved, who should the Certificate of Exemption be issued to?

(For example; John Smith, or John Smith’s Auction House)

     

Note: Section 13A of the Act requires the provision of an address in Australia for the service of notices. You may update this address at any time by giving notice in writing in the same manner as you submitted this application.

Note: The Department will correspond with you in relation to your application, including providing the outcome of your application and any reasons for decision, via the email address included in your application form, unless you indicate another preference.

Title:

     

First name:

     

Surname:

     

Organisation:

     

Address:

     

State:

     

Postcode:

     

Country:

     

Telephone:

     

Mobile:

     

Email:

     

What is the name of the object?

     

What is it? (For example, a painting or a stamp)

     

What size is it?

     

What age is it?

     

What is the current market value?

AUD     

Origins of the object

When was it made or found?

     

Who made or found it?

     

Where was it made or found?

     

If it was not made or found in Australia, what year did it come to Australia?

     

Give details of any publications in which it has been listed or photographed (if applicable)

     

Why do you wish to import the object?

(For example; temporary exhibition, auction, research, repair, restoration or conservation, appraisal or valuation, or owner temporarily relocating to Australia)

     

Which country is the object being imported from?

(Note; you should check whether the object needs export authorisation from that country or the country of origin.)

     

When is the object expected to arrive in Australia?

Month:      

Year:      

When is the object expected to be exported from Australia?

(Note; not all objects are exported from Australia and this is an estimated date should it be.)

Month:      

Year:      

I understand and agree that:

I declare that all information given in this application is correct.

Signed:

 

Date:

     

Schedule 3— Approved form - Application to Vary a Permit to Export a Class B Object or Certificate of Exemption

Title:

     

First name:

     

Surname:

     

Organisation:

     

Address:

     

State:

     

Postcode:

     

Country:

     

Telephone:

     

Mobile:

     

Email: (see note below)

     

Note: The Department will correspond with you in relation to your application, including providing the outcome of your application and any reasons for decision, via the email address included in your application form, unless you indicate another preference.

Permit or Certificate reference number:

PMC     

Name of the Object(s):

     

What do you wish to do?

o impose a condition to which the Permit or Certificate is to be subject;

o vary or revoke a condition of the Permit or Certificate;

o vary the period of effect of the Permit or Certificate; or

o revoke the Permit or Certificate.

Why do you wish to have it changed?

     

I understand and agree that:

I declare that all information given in this application is correct.

Signed:

 

Date:

     


Schedule 4—Approved form - Permanent Export of a
Class B Object Permit

 

Commonwealth Coat of Arms of Australia
Australian Government - Department of Infrastructure, Transport, Regional Development, Communications and the Arts Logo 

Place holder permit reference number

 

 

EXPORT PERMIT

PERMANENT EXPORT OF A CLASS B OBJECT

Granted under paragraph 10(5)(a) of the Protection of Movable Cultural Heritage Act 1986 (the Act)

 

This permit authorises the Permit Holder to permanently export the object described below within the Period of Effect, subject to the Conditions specified (if any).

 

Permit Holder: [insert name]

 

Period of Effect: For the purposes of subsection 11(2) of the Act, this permit comes into force on the date on which it is granted and remains in force [insert for each permit, e.g. ‘for a period of two years’ or ‘until X date’].

 

Conditions:  For the purposes of paragraph 10(5)(a) of the Act, the permit is subject to the following conditions:

  1. [insert for each permit, or include ‘nil’ if no conditions are imposed]

 

Object:

Object

 

Description

 

 

 

 

 

Australian market value

AUD

 

National Cultural Heritage Control List reference

 

 

 

 

Granted on      /     /

Granted by   ____________________________

[Name]

[Position]

[Branch]

 

This permit is in the form approved under section 3A of the Act. It is not valid without the signature of the Minister, or their delegate. If you wish to seek a variation to this permit, please complete the Application to vary form. If the Application to vary is approved, you will be issued with a new permit.


Schedule 5—Approved form - Temporary Export of a Class B Object Permit

 

Commonwealth Coat of Arms of Australia
Australian Government - Department of Infrastructure, Transport, Regional Development, Communications and the Arts Logo 

Place holder permit reference number

 

 

EXPORT PERMIT

TEMPORARY EXPORT OF A CLASS B OBJECT

Granted under paragraph 10(5)(a) of the Protection of Movable Cultural Heritage Act 1986 (the Act)

 

This permit authorises the Permit Holder to temporarily export the object described below within the Period of Effect, subject to the Conditions specified (if any).

 

Permit Holder: [insert name]

 

Purpose: [insert purpose, for example, for international exhibition]

 

Period of Effect: For the purposes of subsection 11(2) of the Act, this permit comes into force on the date on which it is granted and remains in force [insert for each permit, e.g. ‘for a period of two years’ or ‘until X date’].

 

Conditions:  For the purposes of paragraph 10(5)(a) of the Act, the permit is subject to the following conditions:

  1. [insert for each permit, or include ‘nil’ if no conditions are imposed

Object:

Object

 

Description

 

 

 

 

Australian market value

AUD

National Cultural Heritage Control List reference

 

 

 

Granted on      /     /

Granted by   ____________________________

[Name] 

[Position]

[Branch]

 

This permit is in the form approved under section 3A of the Act. It is not valid without the signature of the Minister, or their delegate. If you wish to seek a variation to this permit, please complete the Application to vary form. If the Application to vary is approved, you will be issued with a new permit.

Schedule 6—Approved form - Certificate of Exemption

 

Commonwealth Coat of Arms of Australia
Australian Government - Department of Infrastructure, Transport, Regional Development, Communications and the Arts Logo 

 

Place holder permit reference number

 

CERTIFICATE OF EXEMPTION

Granted under paragraph 12(3)(a) of the Protection of Movable Cultural Heritage Act 1986 (the Act)

 

The Certificate Holder is authorised to export the object described below.

 

Certificate Holder: 

 

Purpose: 

 

Period of Effect: For the purposes of subsection 12(5) of the Act, this certificate comes into force on the date on which it is granted and remains in force [insert for each certificate, e.g. ‘for a period of two years’ or ‘until X date’].

 

Conditions:   For the purposes of paragraph 12(3)(a) of the Act, the permit is subject to the following conditions:

  1. [insert for each permit, or include ‘nil’ if no conditions are imposed]

 

Object:

Object

 

Description

 

 

 

 

 

Australian market value

AUD

 

National Cultural Heritage Control List reference

 

 

 

 

 

Granted on      /     /

Granted by   ____________________________

[Name]

[Position]

[Branch]

 

 

This Certificate is in the form approved under section 3A of the Act. It is not valid without the signature of the Minister, or their delegate. If you wish to seek a variation to this Certificate, please complete the Application to vary form. If the Application to vary is approved, you will be issued with a new Certificate.