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Immunity from Seizure for Cultural Objects on Loan - <strong>Discussion</strong> Paper 2011Scope of provisionsRestitution claimsIt should be noted that if immunity from seizure provisions were to be adopted, they would have noimpact on restitution claims for objects in Australian or international collections outside the periodof immunity. Immunity provisions would only protect against claims being raised in Australian courtswhich were taking advantage of the object or collection’s temporary presence within Australianterritory. Immunity from seizure legislation would not remove the requirement for institutions toperform due diligence and proper provenance research (with recognition of the wide variety of styleswhich provenance research can take depending on the object and circumstances), nor would it affectAustralia’s obligations under international treaties and conventions to which it is a party.Illicit tradeThe Australian Government recognises the growing problem of illicit trade in cultural property, andrecognises the economic, social and cultural damage this trade inflicts on society. Australia is a partyto the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Export andTransfer of Ownership of Cultural Property and is interested in worldwide efforts which encourage theseizure and repatriation of stolen and illegally exported objects.Due diligenceAny consideration of immunity from seizure provisions in Australia will be aimed at supporting greateropportunities for the Australian public to view significant cultural objects, and allowing Australia’sinstitutions to compete with international institutions for loans of such objects. It will not beintroduced to provide support or protection for lenders or borrowers who do not comply withrecognised international standards of due diligence (for example the ICOM code of ethics andMuseums Australia code of ethics). Loans which do not meet such standards would not be eligible forprotection under any potential form of immunity from seizure legislation.6
Immunity from Seizure for Cultural Objects on Loan - <strong>Discussion</strong> Paper 2011Community benefitsThe movement of cultural property between nations has a long tradition, and is an activity which hasthe potential to bring significant social, economic and cultural benefits to both the lending andborrowing communities. It advances cultural diplomacy, enhances the study of artists, movements,societies and cultures, and allows for a better understanding of our world and the people and cultureswhich exist within it. The Australian Government recognises the important role that exhibitions play inthe Australian social, cultural and economic landscape.Social and cultural impactsThere are numerous social and cultural benefits that come with the exhibition of significant culturalmaterial. Particularly when done for the purposes of public exhibition, the loan of cultural propertycan be very influential and significant, allowing people in a relatively remote country like Australia toexperience and view objects which tell a story about the human and natural history of the world.Bringing these objects to Australia promotes accessibility, new inspiration for current and futureartists, historians and anthropologists and educational opportunities for the public which ensures theircontinued cultural engagement.They also have an important educational impact, with school groups being one of the largest audiencetypes to visit international exhibitions. With a focus on the arts and history in the new nationalcurriculum, exposure to cultural objects, artworks and other creative works from overseas will becomeincreasingly important in providing a tangible connection for Australians students to their studies.Curated exhibitions which bring together works from separate collections can inform and enlightenhistorians and artists; provide influence on academic and artistic output; and expose all visitors towider aspects of an artist or movement’s work.Economic significanceThe loan of cultural objects for public exhibition is economically significant. Exhibitions which arepopular and draw the interest of the broader community can provide an enormous boost to localeconomies. In 2009-10 the Masterpieces from Paris exhibition at the National Gallery of Australiabroke attendance records for public exhibitions in Australia, and boosted the ACT economy by morethan $90 million. It also attracted thousands of Australians to the national capital, many as first timevisitors, and increased visitation at other national collecting institutions such as the National PortraitGallery and the Australian War Memorial.This kind of economic impact can be seen Australia-wide, with Victoria’s Winter Masterpieces programdrawing large numbers of visitors each year (220,000 to 333,000). Combined with offering jointexhibition tickets which allow visitors to experience concurrent exhibitions at the National Gallery ofVictoria, Museum Victoria and the Australian Centre for the Moving Image it encourages culturalengagement and boosts the Victorian economy in excess of $130 million collectively.7
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