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Competition and Consumer Amendment (Exploitation of Indigenous Culture) Bill 2017

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2017

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

Competition and Consumer Amendment (Exploitation of Indigenous Culture) Bill 2017

 

 

 

 

EXPLANATORY MEMORANDUM

and

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

 

 

 

 

Circulated by the authority of

Bob Katter MP

 

 

 

 

 

 

Competition and Consumer Amendment (Exploitation of Indigenous Culture) Bill 2017

 

OUTLINE

The Competition and Consumer Amendment (Exploitation of Indigenous Culture) Bill 2017 (the Bill) will make a range of amendments to the Competition and Consumer Act 2010 (Competition Act).

 

The purpose of the Bill is to prevent non-First Australians and foreigners from benefitting from the sale of Indigenous art, souvenir items and other cultural affirmations and thereby depriving Aboriginal and Torres Strait Islanders of the rightful benefits of their culture.

 

Concern is that an influx of mass-produced Indigenous-style artwork, souvenirs and other cultural affirmations are being imported from overseas and undermining:

1.       the ability of Indigenous artists to gain economic benefit from their work; and

2.       Indigenous culture.

 

 

FINANCIAL IMPACT

The Bill will require the establishment of a new committee, to be paid out of normal budget supply.

 

 

STATEMENT ON COMPATIBILITY WITH HUMAN RIGHTS

 

The Statement of Compatibility with Human Rights appears at the end of this Explanatory Memorandum.

 

 

NOTES ON CLAUSES

Clause 1 - Short title

This clause provides that the short title of the Act be the Competition and Consumer Amendment (Exploitation of Indigenous Culture) Act 2017 .

 

Clause 2 - Commencement

This clause provides for the Act to commence on the day after it receives Royal Assent.

 

Clause 3 — Schedule

This clause is a formal enabling provision for the Schedules to the Bill. It provides that legislation that is specified in a Schedule to the Act is amended or repealed as set out in the applicable items in the Schedule concerned, and that any other item in a Schedule to this Act has effect according to its terms.

 

 

Schedule 1 — Amendments

 

Competition and Consumer Act 2010

 

Item 1 — Subsection 2(1) of Schedule 2:

 

This item inserts a definition for indigenous artist , indigenous community and indigenous cultural expression .

 

An indigenous artist is defined as an artist who

  • Identifies as an Aboriginal or Torres Strait Islander; and
  • Is recognised as an Aboriginal or Torres Strait Islander by the community with which the artist identifies.

 

An indigenous community has the meaning specified in section 14A.

 

An indigenous cultural expression is an expression of indigenous culture that:

  • has archaeological, anthropological, contemporary, historical, scientific, social or spiritual significance to an indigenous community; or
  • has its origins in an indigenous community; or
  • is made by an indigenous artist; or
  • is derived from, or has a likeness or resemblance to, one or more indigenous cultural expressions above.

 

Item 2 - Subsection 14A:

 

The item defines indigenous community as meaning a community or people that identifies as Aboriginal or Torres Strait Islander. This includes:

·          a community that identifies itself as Aboriginal or Torres Strait Islander through a connection with a particular region of Australia; and

·          a group of people within a wider community of the kind mentioned above, that identify themselves as a group through shared goals or activities, such as shared involvement in the arts; and

·          the community of Aboriginal and Torres Strait Islanders of Australia, taken as a whole.

 

Item 3 - Section 50A:

 

This item prohibits a person from supplying or offering to supply to a consumer anything that contains an indigenous cultural expression. There is an exception to this prohibition where the thing is supplied by, or in accordance with an arrangement with, each indigenous community or indigenous artist with whom the expression is connected. In addition the thing must also be made in Australia.

 

The Minister must appoint a committee that is representative of Indigenous communities to monitor compliance with the Act and report to the Minister on amendments that can be made to the Act to better protect the rights of indigenous communities and artists.

 

 

Item 4 - Section 168A

 

This item makes it an offence for a person to supply, or offer to supply, a thing that is an indigenous cultural expression unless the thing is supplied by, or under an arrangement with, an indigenous community or artist.

 

Item 5 - Application

This item clarifies that the amendments made by Schedule 1 of the Bill apply on or after the commencement of Schedule 1.

 

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Competition and Consumer Amendment (Exploitation of Indigenous Culture) Bill 2017

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

Overview of the Bill

 

The purpose of the Bill is to prevent non-First Australians and foreigners from benefitting from the sale of Indigenous art, souvenir items and other cultural affirmations and thereby depriving Aboriginal and Torres Strait Islanders of the rightful benefits of their culture.

 

The Bill achieves this through protecting Indigenous cultural expressions from appropriation by persons who do not identify as Aboriginal or Torres Strait Islanders.

 

 

Human rights implications

 

This Bill does not unacceptably limit any of the applicable rights or freedoms.

 

Conclusion

 

This Bill is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

Hon Bob Katter MP