Document ID: chunk:federal_register_of_legislation:F2023C00535:reg:9
Version: federal_register_of_legislation:F2023C00535
Segment Type: reg
Provision Reference: reg 9
Character Range: 7689–9377

9  Consultation policies and procedures
 (1) A borrowing institution must ensure that there are written policies and procedures in effect that set out the consultation processes that will be used if the institution or a parent of the institution proposes the loan of an object to which Part 2 of the Act will apply.
Note: For how this rule applies if the borrowing institution has a parent, see section 5.
 (2) The policies and procedures must set out the consultation processes that will be used if such an object:
 (a) relates to an individual, family group or community in Australia; or
 (b) relates to an Aboriginal person or a Torres Strait Islander; or
 (c) is relevant to an archive of a State or Territory.
 (3) The policies and procedures must include a requirement for the following matters to be considered in deciding whether or not to consult in relation to the proposed loan of such an object:
 (a) whether the object has historical significance to a particular individual, group, event, place or activity;
 (b) whether there are specific family associations with the object;
 (c) whether the object has social or spiritual significance to a particular community in Australia;
 (d) whether there is a demonstrated attachment between the object and an individual, family group or community in Australia;
 (e) whether the object embodies beliefs, ideas, customs, traditions, practices or stories that are important to a particular community in Australia.
 (4) The policies and procedures must not be inconsistent with section 10.
 (5) The borrowing institution must ensure that the policies referred to in subsection (1) are published on the borrowing institution's website.