Australian Indigenous Art Laws Considered Outdated

Tuesday 10 April 2012 @ 11.38 a.m. | Legal Research

 

An American art connoisseur has voiced his anger with what he considers outdated Australian legislation preventing export of indigenous Australian art. Investment banker John Wilkerson argues that the market for the art has changed dramatically since the introduction of the Movable Cultural Heritage Act in the 1990s and the act has now become dysfunctional and damaging to indigenous art.

The current law provides that indigenous art worth more than $10,000 and are more than 20 years old must be cleared by an expert panel before they can leave Australia. However, as a point of comparison, non-indigenous artworks must be worth more than $250,000 and be more than 30 years old before they must be cleared by an expert panel.

Critics have argued that the current law results in too many Aboriginal artworks being caught in parameters that are too tight. The expert evaluation process also puts a strain on the process with some taking far too long.

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