Discussion paper (PDF - 459 KB)

Immunity from Seizure for Cultural Objects on Loan - Discussion Paper 20118. AssurancesWhat assurances or guarantees should be requested of the lender?Evidence of due diligence will be required in any potential model of immunity from seizure in Australia.This will include provenance information, and proof that the borrower has met internationallyrecognised standards of research to ensure that the objects they are borrowing have a clearprovenance. This will likely include information and assurances from the lender. Although it may besensitive and difficult to request assurances, should it be a requirement of the granting of immunitythat assurances of title are provided? In what cases may this not be appropriate? Should there beexceptions to this requirement?9. EligibilityWhat institutions or organisations should be eligible for immunity provisions?Should the provision of immunity from seizure be restricted to Commonwealth, state and territorycollecting institutions? Should non-state and territory institutions which form a partnership withCommonwealth, state and/or territory collecting institutions also be eligible? Should eligibility berestricted to institutions which can, or have, developed and published a responsible and appropriatepolicy on provenance checking and risk assessment? What would collecting institutions consider to bea ‘rigorous due diligence process’? Should such a policy be developed collectively by the collectinginstitutions that wish to take part? How would this collaboration work (through Museums Australia,ICOM, etc.)? Should immunity from seizure eligibility be open to all importers, including universities,private institutions or organisations such as auction houses, etc.?10. StandardisationShould standard loan forms be introduced for institutions wishing to access immunity guaranteesfrom the Australian Government?Currently, institutions conduct loan negotiations individually and have flexible, individual contractsand loan agreements. The European Union’s Action Plan for the EU Promotion of Museum Collections’Mobility and Loan Standards recommended in 2006 that standard loan forms be developed. It ispossible that Australia could move towards developing standard loan agreements.Are there any issues you can foresee with developing standard loan agreements (with flexibility tochange clauses or parts of the agreements as required)?14