Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"acquisition of property" has the same meaning as in paragraph 51(xxxi) of the Constitution.
"Australia" , when used in a geographical sense, includes the external Territories.
"borrowing institution" means an organisation (whether a person or not) that:
(a) collects and publicly exhibits in Australia objects that are of interest for archaeological, artistic, ethnological, historical, literary, scientific or technological reasons; and
(b) is either:
(i) established by a law of the Commonwealth, a State or a Territory, except a law prescribed by regulation for the purposes of this subparagraph; or
(ii) prescribed by regulation as a borrowing institution.
Note: For prescription by class, see subsection 13(3) of the Legislation Act 2003 .
"exhibiting institution" for an object means the borrowing institution that has made arrangements for the temporary public exhibition of the object in Australia.
"exhibition facilitator" for an object means a person who:
(a) has a temporary loan arrangement for the object with a lender of the object; and
(b) has a temporary loan arrangement for the object with:
(i) an exhibiting institution for the object; or
(ii) the parent of such an institution; and
(c) is not a lender of the object, an exhibiting institution for the object or the parent of such an institution; and
(d) carries on a business (whether or not for profit) of making arrangements for temporary public exhibitions in Australia of objects from collections outside Australia.
"heritage law" means a law of the Commonwealth, a State or a Territory that relates to heritage, whether or not the law relates to:
(a) heritage of a particular community, such as Aboriginal or Torres Strait Islander heritage; or
(b) heritage of a particular kind, such as:
(i) objects associated with historic shipwrecks; or
(ii) records of government; or
(iii) other archival material.
"just terms" has the same meaning as in paragraph 51(xxxi) of the Constitution.
"lender" of an object means a person who:
(a) is:
(i) an individual who is not ordinarily resident in Australia; or
(ii) a corporation incorporated by or under the law of a foreign country; or
(iii) a body politic of a foreign country (or part of a foreign country); and
(b) is a party to a temporary loan arrangement (the head arrangement ) for the object with a borrowing institution, the parent of a borrowing institution or a person who:
(i) has, or may reasonably be expected to have in future as a result of the head arrangement, a temporary loan arrangement for the object with a borrowing institution or the parent of a borrowing institution; and
(ii) is not an exhibiting institution for the object or the parent of such an institution; and
(iii) carries on a business (whether or not for profit) of making arrangements for temporary public exhibitions in Australia of objects from collections outside Australia; and
(c) would reasonably be expected to have physical possession, custody or control of the object outside Australia for the period of the loan under the head arrangement, apart from that arrangement.
"loan" of an object includes an arrangement for:
(a) the temporary transfer of the physical possession, custody or control of the object directly or indirectly from one person to another person, whether or not any consideration is provided for the transfer; and
(b) the transfer of the physical possession, custody or control of the object directly or indirectly from the other person back to the first person.
"parent" of a borrowing institution that is not a person means:
(a) if the institution is a Department of State, or part of such a Department, of the Commonwealth, a State or a Territory--the Commonwealth, State or Territory (as appropriate); or
(b) if the operations of the institution are a distinct part of the operations of a body corporate--that body.
"protected person" for an object means:
(a) a lender of the object; or
(b) an officer, employee or agent of a lender of the object who accompanies the object for some or all of the time it is on loan; or
(c) an exhibition facilitator for the object, an exhibiting institution for the object or the parent of such an institution; or
(d) a person who is:
(i) an officer, employee, agent or delegate of an exhibition facilitator for the object; or
(ii) an officer, employee, agent or delegate of an exhibiting institution for the object or the parent of such an institution; or
(e) a person engaged by a lender of the object, an exhibition facilitator for the object or an institution or parent described in paragraph (c) to do any of the following:
(i) transport the object from one place in Australia to another or between Australia and a foreign country;
(ii) carry out conservation work on the object in Australia;
(iii) store the object in Australia;
(iv) provide security for the object while it is being transported between Australia and a foreign country or while it is in Australia;
(v) provide a service that relates to the object and is prescribed by regulation; or
(f) an officer, employee, agent or delegate of a person described in paragraph (e).
"temporary loan arrangement" for an object means an arrangement for the loan of the object for temporary public exhibition of the object in Australia under arrangements made by a borrowing institution.