Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Prohibition of possession of, or dealing in, certain categories of cultural property

129. (1) In this section—

“cultural property” means cultural property prescribed by the Minister under section 126 or, in relation to cultural property brought into the State from another state party (whether directly or through another state), means cultural property designated by the appropriate authority in that state party;

“deal” means give, sell, accept or purchase, whether or not for valuable consideration, and includes arranging or organising any dealing in cultural property.

(2) A person shall not be in possession of or deal in cultural property that—

(a) has been stolen within or outside the State,

(b) has been illegally exported from another state, or

(c) has been exported or had its ownership transferred where, in either case, this was done under compulsion and arose directly or indirectly from the occupation of a state by another state,

knowing that, or being reckless as to whether, the cultural property was stolen or had been illegally exported or that the circumstances referred to in paragraph (c) applied to the cultural property.