Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Competition and Consumer Amendment
(Exploitation of Indigenous Culture) Bill
2020
No. , 2020
(Mr Katter)
A Bill for an Act to amend the law in order to
prevent non First Australians and foreigners from
arrogating for their personal benefit First
Australian culture, and to stop the sale of art,
souvenir items and any other cultural affirmations
that exploit and thereby deprive First Australians
of the rightful benefits from their culture, and for
related purposes
No. , 2020
Competition and Consumer Amendment (Exploitation of Indigenous
Culture) Bill 2020
i
Contents
1
Short title ........................................................................................... 2
2
Commencement ................................................................................. 2
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Competition and Consumer Act 2010
3
No. , 2020
Competition and Consumer Amendment (Exploitation of Indigenous
Culture) Bill 2020
1
A Bill for an Act to amend the law in order to
1
prevent non First Australians and foreigners from
2
arrogating for their personal benefit First
3
Australian culture, and to stop the sale of art,
4
souvenir items and any other cultural affirmations
5
that exploit and thereby deprive First Australians
6
of the rightful benefits from their culture, and for
7
related purposes
8
The Parliament of Australia enacts:
9
2
Competition and Consumer Amendment (Exploitation of Indigenous
Culture) Bill 2020
No. , 2020
1 Short title
1
This Act is the
Competition and Consumer Amendment
2
(Exploitation of Indigenous Culture) Act 2019
.
3
2 Commencement
4
(1) Each provision of this Act specified in column 1 of the table
5
commences, or is taken to have commenced, in accordance with
6
column 2 of the table. Any other statement in column 2 has effect
7
according to its terms.
8
9
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
10
enacted. It will not be amended to deal with any later amendments of
11
this Act.
12
(2) Any information in column 3 of the table is not part of this Act.
13
Information may be inserted in this column, or information in it
14
may be edited, in any published version of this Act.
15
3 Schedules
16
Legislation that is specified in a Schedule to this Act is amended or
17
repealed as set out in the applicable items in the Schedule
18
concerned, and any other item in a Schedule to this Act has effect
19
according to its terms.
20
Amendments
Schedule 1
No. , 2020
Competition and Consumer Amendment (Exploitation of Indigenous
Culture) Bill 2020
3
Schedule 1--Amendments
1
2
Competition and Consumer Act 2010
3
1 Subsection 2(1) of Schedule 2
4
Insert:
5
indigenous artist
means an artist who:
6
(a) identifies as Aboriginal or Torres Strait Islander; and
7
(b) is recognised as Aboriginal or Torres Strait Islander by the
8
community with which the artist identifies.
9
indigenous community
: see section 14A.
10
indigenous cultural expression
means an expression of indigenous
11
culture (whether through images, form or any other medium) that:
12
(a) has archaeological, anthropological, contemporary, historical,
13
scientific, social or spiritual significance to an indigenous
14
community; or
15
(b) has its origins in an indigenous community; or
16
(c) is made by an indigenous artist; or
17
(d) is derived from, or has a likeness or resemblance to, one or
18
more indigenous cultural expressions mentioned in
19
paragraphs (a), (b) or (c).
20
2 After section 14 of Schedule 2
21
Insert:
22
14A Meaning of
indigenous community
23
(1) An
indigenous community
is a community of people that identifies
24
itself as Aboriginal or Torres Strait Islander.
25
(2) To avoid doubt, an
indigenous community
includes:
26
(a) a community that identifies itself as Aboriginal or Torres
27
Strait Islander through a connection with a particular region
28
of Australia; and
29
Schedule 1
Amendments
4
Competition and Consumer Amendment (Exploitation of Indigenous
Culture) Bill 2020
No. , 2020
(b) a group of people within a wider community of the kind
1
mentioned in paragraph (a), that identify themselves as a
2
group through shared goals or activities, such as shared
3
involvement in the arts; and
4
(c) the community of Aboriginal and Torres Strait Islanders of
5
Australia, taken as a whole.
6
3 At the end of Division 5 of Part 3-1 of Schedule 2
7
Add:
8
50A Misuse of indigenous cultural expression
9
(1) A person must not, in trade or commerce, supply or offer to supply
10
anything to a consumer that includes an indigenous cultural
11
expression unless:
12
(a) the thing is supplied by, or in accordance with an
13
arrangement with, each indigenous community and
14
indigenous artist with whom the indigenous cultural
15
expression is connected; and
16
(b) the thing is made in Australia.
17
(2) The Minister must appoint a committee, representative of
18
indigenous communities, to:
19
(a) monitor compliance with this Act as it applies in relation to
20
indigenous communities and indigenous artists; and
21
(b) report to the Minister on any changes that may be required to
22
this Act to better protect the rights of indigenous
23
communities and indigenous artists.
24
4 At the end of Division 5 of Part 4-1 of Schedule 2
25
Add:
26
168A Misuse of indigenous cultural expression
27
(1) A person commits an offence if:
28
(a) the person supplies, or offers to supply, a thing to a
29
consumer; and
30
(b) the thing is supplied, or the offer is made, in trade or
31
commerce; and
32
Amendments
Schedule 1
No. , 2020
Competition and Consumer Amendment (Exploitation of Indigenous
Culture) Bill 2020
5
(c) the thing includes an indigenous cultural expression.
1
Maximum penalty:
2
(a) if the person is a body corporate--$200,000; or
3
(b) if the person is not a body corporate--$25,000.
4
(2) Subsection (1) does not apply if the thing is supplied by, or in
5
accordance with an arrangement with, each indigenous community
6
and indigenous artist with whom the indigenous cultural expression
7
is connected.
8
(3) Subsection (1) is an offence of strict liability.
9
5 In the appropriate position in Chapter 6 of Schedule 2
10
Insert:
11
Part 6--Application of the Competition and
12
Consumer Amendment (Exploitation of
13
Indigenous Culture) Act 2020
14
303 Application
15
The amendments made by Schedule 1 to the
Competition and
16
Consumer Amendment (Exploitation of Indigenous Culture) Act
17
2020
apply in relation to:
18
(a) the supply of a thing to a consumer on or after the
19
commencement of the Schedule; or
20
(b) an offer to supply a thing to a consumer made on or after the
21
commencement of the Schedule.
22