Document ID: chunk:federal_register_of_legislation:F2024L01733:reg:8
Version: federal_register_of_legislation:F2024L01733
Segment Type: reg
Provision Reference: reg 8
Character Range: 5492–8206

8  Matters the Minister must consider in approving a borrowing institution
 (1) For the purposes of paragraph 15(2)(f) of the Act, the matters that the Minister must consider in deciding whether to approve a borrowing institution are the following:
 (a) whether the policies and procedures of the borrowing institution or its parent display a commitment to the loan of objects to which Part 2 of the Act applies, or would apply, being made to the highest standards of ethical and professional practice and in accordance with applicable laws;
 (b) whether the policies and procedures of the borrowing institution or its parent are likely to ensure that:
 (i) lenders of such objects are reputable and have legal authority to lend such objects; and
 (ii) there are valid export licences or permits (if required) for such objects from the countries in which they are located before being exported to Australia;
 (c) whether the policies and procedures of the borrowing institution or its parent include requirements for the borrowing institution or its parent to undertake adequate provenance and due diligence research of a kind mentioned in subsection (2) of this section, in relation to such objects, for the period for which the institution is an approved borrowing institution.
 (2) For the purposes of paragraph (1)(c), provenance and due diligence research, in relation to the proposed loan of an object, involves doing any of the following that may be appropriate in the circumstances:
 (a) conducting checks into the matters mentioned in subparagraphs (1)(b)(i) and (ii) in so far as they relate to the object;
 (b) considering documentary evidence of the object's history of ownership and export (having regard to the object's country of origin and other countries in which it has been located);
 (c) examining information about the lender of the object, and current and previous owners of the object;
 (d) checking that the object is not mentioned in databases or registers of lost or stolen objects;
 (e) considering secondary documentation, such as archival material and images relating to:
 (i) the object; or
 (ii) works related to the object; or
 (iii) the lender of the object; or
 (iv) current and previous owners of the object;
 (f) examining the exhibition and publication history of the object;
 (g) examining the object, or detailed descriptions or photos of the object;
 (h) consulting experts in relation to any or all of the matters set out in the preceding paragraphs of this subsection.
 (3) The borrowing institution must ensure that the policies and procedures referred to in subsection (1) are published on the website of the borrowing institution or its parent.

Part 4—Consultation