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Exports and Imports Documentation Database

Australia

Import Process

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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:

YesUNESCO, Convention for the Protection of Cultural Property in the Event of Armed Conflict, The Hague, 1954
YesUNESCO, Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, Paris, 1970
NoUNIDROIT Convention on stolen or illegally exported cultural objects, Rome, 1995
NoUNESCO Convention on the Protection of the Underwater Cultural Heritage, Paris, 2001
NoCouncil of Europe Convention on Offences relating to Cultural Property, Nicosia, 2017

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.
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Import permit

There is no requirement for a permit to import cultural heritage items into Australia, unless the item is being imported for commercial purposes, such as for sale or exhibition. Then, the importer may need to obtain a loan agreement or a certificate from the Australian Government.

Class A and Class B Australian protected objects that are in overseas collections need a certificate of exemption to be imported temporarily to Australia, and then re-exported. 

Class A objects 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 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

We suggest to contact Australia’s Office for the Arts for more information about this process.

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Customs declaration

The Act also requires importers to provide documentation in the customs declaration, such as certificates of origin and provenance and certificates of exportation from the country of origin to demonstrate the lawful export of the cultural heritage item from the country of origin.

The Australian Border Force (ABF) has the power to inspect and detain cultural heritage items being imported into Australia, and to seize items that are suspected of being stolen or illicitly exported

  • The importer must lodge an Import Declaration (Commodity Code 9805.00.00) with the ABF, which includes the following information:
    • A detailed description of the cultural good, including its title, artist, date, and medium
    • The Harmonized System (HS) code for the cultural good
    • The country of origin of the cultural good
    • The value of the cultural good
    • The purpose of the importation (e.g. for exhibition, sale, or personal use)
  • The importer must also provide supporting documentation, such as:
    • A commercial invoice or receipt
    • A certificate of origin and provenance
    • Any relevant export permits or licenses from the country of origin
    • A copy of the insurance policy (if applicable)
  • The importer may also need to provide additional information or documentation, such as:
    • A loan agreement or certificate from the Australian Government (if the cultural good is being imported for exhibition or other temporary purposes)
    • A permit or license from the relevant Australian state or territory government (if required)

The ABF will review the import declaration and supporting documentation 

It’s recommended that importers use the ABF’s online system, the Integrated Cargo System (ICS), to lodge their import declarations electronically. However, paper-based declarations can also be submitted at an ABF office.

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Contact

Office for the Arts
Department of Infrastructure, Transport, Regional Development, Communications and the Arts
GPO Box 594 Canberra ACT 2601

movable.heritage@arts.gov.au