It is also important to remember that artefacts or relics removed from locations outside of Australia may also be subject to legislation originating in the country from where the artifact or relic was originally located. It is the responsibility of the seller to ensure that the artifact or relic that they are offering for sale can be legally done so and that all permits and protocols required by the home country have been adhered to.
Please follow the general guidelines in the ”Some Examples” section when listing related items on eBay.
Aboriginal and Torres Strait Islander objects—Any human remains of Aboriginal or Torres Strait Islanders, items considered sacred by Aboriginal or Torres Strait Islander persons and gravesite/burial related items may not be listed on eBay.
Aboriginal artefacts—Artefacts taken from any federal, state, public, declared Aboriginal area or land, or items which are otherwise declared objects under the Aboriginal and Torres Strait Islander Heritage Protection Act, are prohibited for sale.
Historical graves, tombstones or related markers—These items may not be listed on eBay. While we recognise that some historical grave markers may be privately held within families and legal to sell, eBay is concerned with vandalism that has occurred in graveyards across the world.
New gravestones—These items may be listed on eBay.
Export of Cultural Heritage Items—The Protection of Movable Cultural Heritage Act 1986 controls the export of the most significant aspects of Australia's movable cultural heritage. The Act is not intended to restrict an individual's right to own or sell within Australia. It implements a system of export permits for certain heritage objects defined by the Act as 'Australian protected objects'.
The criteria specifying Australian protected objects are found in the National Cultural Heritage Control List contained in Schedule 1 to the Protection of Movable Cultural Heritage Regulations. The Control List divides Australian protected objects into two classes:
Class A objects that cannot be exported from Australia under any circumstance. These objects include: Aboriginal and Torres Strait Islander objects of high ritual significance, such as tjuringas; Victoria Cross Medals awarded to Australian recipients; and the components pieces of Ned Kelly's armour.
Class B objects that can be exported provided a permit is first obtained.
The Control List includes objects in the following categories: objects of Australian Aboriginal and Torres Strait Islander heritage; archaeological objects; natural science objects; objects of applied science and technology; objects of fine or decorative art; objects of documentary heritage; numismatic objects; philatelic objects; and objects of historic significance to Australia. For further information on the Control List click here. For further information on the Act and export permit process, contact Environment Australia (contact details below).
For further information on the Act and export permit process, contact Environment Australia (contact details below).
Historic shipwrecks artefacts—The transfer, possession and custody of relics or artefacts, including coins, from historic shipwrecks, is regulated under the Historic Shipwrecks Act 1976. Historic shipwreck relics are protected even if you came into possession of this material long before the Historic Shipwrecks Act existed.
The only historic shipwreck relics legally in circulation are those which have a registration certificate. The Historic Shipwrecks Act does not prevent private possession of certified shipwreck relics, nor the sale or disposal of these relics, but it does regulate their transfer.
A person who buys, or in any other way, comes into possession of a shipwreck relic must notify the Minister for the Environment and Heritage within 30 days. In practice, notifications are usually made to the Minister's nominated Delegate in each State or Territory.
People buying shipwreck coins and other relics should be aware that although they may obtain a relic legally, the relic does not actually belong to them, even though they have it in their possession. For example, ownership of coins from the Dutch shipwrecks off the coast of Western Australia is determined by agreement between the Australian and Netherlands Governments. As well as this, collectors and dealers should be aware that, although a shipwreck relic may be registered, this does not guarantee its authenticity.
Permits are required before selling or otherwise disposing of a shipwreck relic. Permits should be obtained from the Delegate in your State.
Export of shipwreck relics such as coins from Australia without a permit is prohibited by the Historic Shipwrecks Act. Shipwreck relics are also considered to be Australian protected objects, and cannot be taken from the country or sent overseas without a permit under the Protection of Movable Cultural Heritage Act 1986.
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