Document ID: chunk:federal_register_of_legislation:F2024L01733:reg:11
Version: federal_register_of_legislation:F2024L01733
Segment Type: reg
Provision Reference: reg 11
Character Range: 8884–11224

11  Consultation with relevant communities

When consultation is required
 (1) Subsection (2) sets out the circumstances in which a borrowing institution or its parent must consult members of a community, or organisations representing members of a community, about the proposed loan of an object to which Part 2 of the Act will apply, if the object relates to that community.
 (2) Without limiting the circumstances in which the borrowing institution or its parent consults in relation to the object, the borrowing institution or its parent must consult, in relation to the object, members of each community to which any of the following circumstances apply, or organisations representing such members:
 (a) membership of the community is exclusively or predominantly Aboriginal persons or Torres Strait Islanders, and the object relates to, or embodies the culture of, that community;
 (b) the community is a First Nations community that is from a country that is not Australia, and the object relates to, or embodies the culture of, that community;
 (c) the community is in Australia and the object has clear and continuing significance for that community.

Matters to be considered for the purposes of deciding whether to consult
 (3) A borrowing institution or its parent must consider the following matters for the purposes of deciding whether to consult (whether or not under subsection (2)) members of a community, or organisations representing members of a community, about the proposed loan of an object to which Part 2 of the Act will apply, if the object relates to that community:
 (a) whether the object has historical significance to:
 (i) a particular individual who is a member of the community; or
 (ii) a group within the community; or
 (iii) an event, place or activity relating to the community;
 (b) whether a member of the community has specific family associations with the object;
 (c) whether there is a demonstrated attachment between the object and the community, a particular individual who is a member of the community or a family group within the community;
 (d) if the community is in Australia:
 (i) whether the object has social or spiritual significance to the community; and
 (ii) whether the object embodies beliefs, ideas, customs, traditions, practices or stories that are important to the community.