It would not be unreasonable to assume that the discovery of an Aboriginal object on land acquired by a purchaser would constitute a “defect of title”. Artifacts and cave formations can have significant cultural value and be protected by law. The court heard that Cleaver did not identify as Aboriginal, and although he was told that the sale was probably “not entirely legal,” he nonetheless accepted the attempted transaction. In a landmark 2019 decision, for example, the Federal Court found that a company selling “indigenous” art misled its customers because the work was made in Indonesia. The company went into liquidation after being fined $2.3 million. Finding an Indigenous artifact on your land has significant consequences for a landowner, especially if you want to develop or build on the land. Aboriginal property belongs to the Crown and not to the landowner of the land on which it is located. In addition, the National Parks and Wildlife Act 1975 (NSW) imposes offences on people who “damage” these objects (including displacement). Under the Aboriginal Heritage Act of Tasmania, it is a criminal offence to destroy, damage, conceal, abduct, sell or offer for sale a relic or copy a relic. The offence of selling an Aboriginal relic extends to objects that are implicitly considered relics. More than 130 stone tools seized in Sydney as part of investigation into illegal sale of Indigenous cultural materials, punishable by fines of up to $795,000 Man pleads guilty and fined $850 for attempting to sell Indigenous artifacts on Gumtree A brief summary of the relevant legislation is provided below.
If you have any questions about the right to sell an artifact in Australia or overseas, we recommend that sellers contact the relevant government authority and/or consult a lawyer. However, under the legal framework proposed by the Commission, artists or Indigenous communities could take direct action against these groups and demand payment. Some Aboriginal artifacts are secret and sacred and cannot be legally shipped from Australia. According to the Underwater Cultural Heritage Act 2018 – opens in a new window or tab, it is illegal to interfere with or remove objects from historic shipwrecks without permission. However, the law provides ways for dealers and collectors to legally buy or sell coins and other relics or artifacts. Visit the website of the Department of Climate Change, Energy, Environment and Water for more information on the Underwater Cultural Heritage Act 2018 – opens in a new window or tab and the ownership, export and import of underwater cultural heritage – opens in a new window or tab. There is little to prevent non-Indigenous people (here or abroad) from creating and selling works derived from Aboriginal and Torres Strait Islander cultures. Only if the owner grants the authorization and the administrative requirements are met. Many places survived only because private landowners did not allow public access. It is illegal to excavate sites without the consent of the registered Aboriginal party or the Aboriginal Victoria concerned. Section 34A of the Aboriginal Heritage Act, 2006 sets out the requirements for archaeological research. The contents of this publication are provided for convenience of reference only.
This publication does not constitute legal advice and should not be construed as legal advice. Specific legal advice should always be obtained separately before taking any action on the basis of this publication. More than 130 suspected Tasmanian Aboriginal relics have been seized from a Sydney home as part of an investigation into the illegal sale of Aboriginal cultural material. They say that “Taungurung is not legally or logistically able to confiscate artifacts – nor are they trying to return artifacts to them.” eBay does not allow you to sell or offer services that are illegal, sexual, or violate our Terms of Service. The court disputed that the presence of indigenous objects in the countryside did not constitute a “defect of law”. Since ownership of the goods was never transferred to the seller, the Court held that they could never be said to have passed to the buyer. In this way, the seller was able to transfer ownership of the land to the buyer, since the objects of the indigenous peoples were not part of the object of the sale. The buyer`s cancellation was subsequently found to be invalid and the deposit was forfeited to the seller. We encourage anyone who finds artifacts to advise us so that we can study, record, and perhaps reproduce them if they are deemed important for educational purposes, but then we return them to future generations.
Most people show them off in a safe place. If they sell the property, we encourage them to hand over the tools to the next owner or, if they are not interested, contact TLaWC to decide on their future. “While buyers may assume that the chances of finding Indigenous property on their land are slim, the recent discovery of Indigenous property in Retford Park, Bowral, indicates that buyers, and particularly their lawyers, need to be more diligent in pre-contractual investigations into the condition of the land.