Australia
Export Process
Legal framework
National Legal framework: Protection of Movable Cultural Heritage Regulations 2018
There is heritage legislation at federal and state/territory level, but exports and imports out of the country are solely regulated by the federal law Protection of Movable Cultural Heritage Act 1986 (PMCH Act) last amended in 2018.
Australia is party to the following international conventions:
Special measures for vulnerable cultural goods:
- Cultural Heritage from Syria and Irak: import restrictions under UN Security Council Resolutions 2199 (2015) and 2253 (2015); Customs (Prohibited Imports) Regulations 1956
- Cultural Heritage in the course of the WWII: subject to special scrutiny under PMCH Act; Aligned with Washington Conference Principles on Nazi-Confiscated Art
- Cultural Heritage in the course of the Ukraine war: enhanced due diligence requirements since 2014 conflict. Must demonstrate legal export from Ukraine.
- Cultural Heritage in North Korea: subject to UN sanctions regime; Autonomous Sanctions Regulations 2011.
Protected Cultural Heritage
Australia’s Protection of Movable Cultural Heritage Regulations 2018 include a National Cultural Heritage Control List which defines two classes of Australian protected objects: Class A and Class B.
Australian Protected Objects under the National Cultural Heritage Control List
Class A objects (permanent export is banned) include:
- Victoria Cross medals awarded to Australian recipients
- All pieces of the suit of armour worn by Ned Kelly at the siege of Glenrowan in 1880
- Objects of Aboriginal and Torres Strait Islander heritage, such as:
- sacred and secret ritual objects
- human remains
- rock art
- dendroglyphs (carved burial and initiation trees)
- bark and log coffins
- certain types of pre-1960 artworks
Class B objects (export certificate required) include:
- objects of Aboriginal and Torres Strait Islander heritage that are not Class A
- archaeological objects
- natural science objects
- objects of applied science or technology
- objects of fine or decorative art
- objects of documentary heritage
- numismatic objects including medals that are not Class A objects
- philatelic objects
- objects of historical significance not covered under Class A
Australia’s Office for the Arts maintains a register of previous banned exportations that can be consulted here.
Export Procedures
Temporary Export Certificate (Class A objects)
Permanent export is banned for Class A objects, only temporary export certificate may be granted to exit Australia in the means of cultural exchange, research, participating in temporary exhibitions, restorations, etc.
Application paperwork:
All documentation must be submitted online through the National Cultural Heritage Portal
- Standard application form plus:
- Detailed justification for temporary export
- Comprehensive object documentation
- Conservation condition report
- Security arrangements at destination
- Specific timeline with return date
- Insurance coverage details
- Receiving institution details
- Transportation plans
- Supporting Documentation:
- Letters of guarantee from:
- Receiving institution
- Transportation companies
- Insurance providers
- Facility reports from receiving venues
- Environmental condition reports
- Security assessments
- Risk management plan
- Letters of guarantee from:
Permit Conditions: temporary export is permitted up to 2-3 year maximum duration. There are regular reporting requirements and update obligations for any changes in location conditions or timeline modifications. It also may require security bonds, special packing requirements, courier accompaniment and environmental monitoring.
Return Process: Submit a condition report upon return of the object to Australia as well as the outcomes of the research or exhibition documentation, final reports, etc. The object’s integrity may be verified.
Permanent Export Certificate (Class B objects)
A permanent export certificate may be granted for Class B object after assessment of the application. All documentation must be submitted online through the National Cultural Heritage Portal. You must provide clear colour photographs of the object(s). You may provide any further additional information to support your application, including magazine articles, valuations, and sale listings. Further guidance and preview of the application form may be consulted here.
There is a separate assessment for exporting fossils and meteorites. It involves a Preliminary assessment of fossils and meteorites.
General permit
Principal collecting institutions (i.e. public galleries, museums, libraries, and archives that are established under a law of the Commonwealth, a state or territory) may apply for a General Permit under the Protection of Movable Cultural Heritage Act 1986 to assist in the temporary export of Class B Australian Protected Objects (APOs) that have been accessioned into their collection. The General permit is usually granted for exporting multiple objects in a time period of 12 months. The export processing time is usually of 30 working days.
Certificate of Exemption
When an object does not meet the criteria to be considered an Australian Protected Object under the Control List (neither Class A nor B) and is therefore not subject to export control, the exporter may be issued with a letter of clearance to assist with the export from Australia and import into a foreign country.
Export processing time (after submitting the application)
| Temporary export certificate | 5 working days |
| Permanent export certificate | 60 working days |
| General permit | 30 working days |
| Certificate of exemption | 15 working days |
Duration of the export certificate (for how long it can be used at customs after being granted)
| Temporary Permit | 2-3 years |
| Permanent export certificate | 6 months |
| General permit | 12 months |
| Certificate of exemption | 12 months (and up to 5 years if specified by the Minister for the Arts) |
Export tax
No export tax applied. However, the Australian Government may impose a 5% export charge on certain cultural property that is exported, as specified in the Protection of Movable Cultural Heritage Act 1986.
Customs and transit
Customs documentation
According to the Australian Border Force (ABF), the following customs documentation is required to declare a cultural good at Australian customs:
- A completed Declaration for Export of Cultural Heritage Goods (Customs Form B374) or an Electronic Export Declaration (EXN) that includes the following information:
- Description of the cultural good, including its title, artist, date, and medium
- Value of the cultural good
- Export permit number (if required)
- Certificate of Exemption number (if applicable)
- Details of the exporter and the consignee
- A copy of the export permit (if required)
- A copy of the Certificate of Exemption (if applicable)
- Commercial invoice or receipt
- Packing list
- Any other relevant documentation, such as certificates of authenticity or provenance
It’s also recommended to attach a copy of the export permit and Certificate of Exemption (if applicable) to the outside of the package or container, as well as to include a clear description of the cultural good on the customs declaration.
An Export Declaration can be lodged either:
- electronically through the Integrated Cargo System (ICS)
- at one of our counters using the e Export Declaration (B957 Form) (242KB PDF), and, if required, the Export Declaration Supplementary page (B957a Form) (206KB PDF).
Export Declarations can be lodged up to six months before the date the goods are being exported.
You can apply for a Customs Form B374 through the Australian Border Force’s (ABF), which can be downloaded from the ABF website or obtained from an ABF office.
Where to declare cultural goods
Australian Border Force (ABF) offices at international airports and seaports, specifically:
- Sydney International Airport
- Melbourne International Airport
- Brisbane International Airport
- Perth International Airport
- Adelaide International Airport
- Cairns International Airport
- Darwin International Airport
- All Australian seaports
Transit
ATA carnet can be used in Australia
Contact
Office for the Arts
Department of Infrastructure, Transport, Regional Development, Communications and the Arts
GPO Box 594 Canberra ACT 2601