Commonwealth Numbered Regulations

PROTECTION OF CULTURAL OBJECTS ON LOAN REGULATION 2014 (SLI NO 142 OF 2014) - REG 8

             (1)  For paragraph 15(2)(f) of the Act, the matters that the Minister must consider in deciding whether to approve a borrowing institution are as follows:

                     (a)  whether the policies and procedures of the borrowing institution or its parent display a commitment to loans of objects, to which Part 2 of the Act would apply, being made to the highest standards of ethical and professional practice and in accordance with applicable laws;

                     (b)  whether the policies and procedures of the borrowing institution or its parent are likely to ensure that:

                              (i)  proposed lenders of such objects are reputable and have legal authority to lend them; and

                             (ii)  there are valid export licences or permits (if required) for such objects from the countries in which they are located before being exported to Australia;

                     (c)  whether the policies and procedures mentioned in paragraphs (a) and (b) require adequate provenance and due diligence research of a kind mentioned in subsection (2) to be conducted in relation to such objects.

             (2)  For paragraph (1)(c), provenance and due diligence research involves doing such of the following as may be appropriate in the circumstances of a proposed loan of an object:

                     (a)  conducting checks into the matters mentioned in subparagraphs (1)(b)(i) and (ii) in so far as they relate to the object;

                     (b)  considering documentary evidence of the object's history of ownership and export (having regard to the object's country of origin and other countries in which it has been located);

                     (c)  examining information about the lender, and current and previous owners;

                     (d)  checking that the object is not mentioned in databases or registers of lost or stolen objects;

                     (e)  considering secondary documentation, such as archival material and images;

                      (f)  examining the exhibition and publication history of the object;

                     (g)  examining the object, or detailed descriptions or photos of the object;

                     (h)  consulting experts in relation to any or all of the matters set out in the preceding paragraphs of this subsection.

             (3)  The borrowing institution must ensure that the policies referred to in subsection (1) are published on the borrowing institution's website.