Indigenous cultural and intellectual property rights

We're seeking your views to help shape a new law to protect Indigenous cultural and intellectual property rights.

Why we want your input

We are committed to developing the legislation through a First Nations-led process. Your knowledge, views and experience will inform the new stand-alone legislation to protect First Nations Indigenous cultural and intellectual property.

How you can voice your opinion

You can have your say by participating in an in-person or online community engagement session or providing a written submission by 15 June 2024.

What will be the outcome of this consultation?

Your engagement will help guide the development of the new stand-alone legislation to protect Indigenous Cultural and Intellectual Property. The first stage of the legislation will address the harm caused by fake art, merchandise and souvenirs.

The Issue

The current legal framework does not provide adequate protections to ensure that only art made by First Nations artists and communities with the approval of traditional custodians are created and sold. According to the Productivity Commission, over half of souvenirs and merchandise do not meet these criteria.

In the National Cultural Policy, Revive, the Australian Government has committed to introducing new stand-alone legislation to protect traditional knowledge and cultural expressions, including to address the harm caused by fake art, merchandise and souvenirs. To ensure the legislation can be delivered in a timely manner, the Office for the Arts is developing the legislation in stages. The first stage will address the issue of fake art, merchandise and souvenirs.

This is an exciting opportunity to contribute to the development of new legislation to protect Indigenous Cultural and Intellectual Property (ICIP).

How can I have my say?

You can have your say by participating in a community engagement session in person between 4 March and 2 May 2024 and in online sessions to be held later in June. We will be holding 50 face-to-face sessions in 38 locations across Australia, in each state and territory, to ensure we hear a wide range of views. The dates and locations are listed below, venues will be released as they are confirmed. You can register to join a session now or can also just turn up on the day. We will be adding details for the online sessions shortly so please check the page again soon.

These public engagements sessions welcome all community members to open discussions about protecting First Nations art through legislation to address the harm caused by fake First Nations style art, merchandise and souvenirs.

If you are unable to attend a session in person, you can also share your views in writing by submitting through the 'have your say' button below before 15 June 2024.

Reference documents

Contact us

If you have any questions about the process or how you can be involved, please get in touch with our Indigenous Cultural and Intellectual Property team:

Office hours 8:30am to 5pm (AEST)
Phone: 1800 006 992 (opt 4)
Email: icip@arts.gov.au

Participate

04 Mar 2024 09:00 AEDT
15 Jun 2024 23:59 AEST
Open
days remaining 56 of 104

We invite you to to tell us your views on this topic.

Please include:

  • contact name
  • organisation name, if applicable
  • contact details, including telephone number, postal and email addresses
  • confirmation whether or not your submission can be made public—published—or kept confidential.

All submissions to be made public need to meet the Digital Service Standard for accessibility. Any submission that does not meet this standard may be modified before being made public.

If your submission is to be made public, please ensure you do not include any personal information that you don't want to be published.

If your submission is confidential, please ensure each page of the submission is marked as confidential.

Please click on the 'Have your say now' button below to upload your submission.

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We may use your details to contact you regarding your submission and we will never share any of your contact details or make your email, or phone number public abiding by our Privacy Policy.

Privacy Collection Notice

Stand-alone legislation to protect Indigenous Cultural and Intellectual property

Your submission, including any personal information supplied, is being collected by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts ("the Department") in accordance with the Privacy Act 1988

Use

The Department will use this information to inform considerations of issues relating to stand-alone legislation to protect Indigenous Cultural and Intellectual property and will store this information securely.

Publication and Confidentiality

Submissions, in part or full, including the name of the author may be published on the Department's website or in the government's public response, unless the submission is confidential. Confidential submissions (including author name) will not be published.

Confidential submissions will only be disclosed in the following circumstances:

  • in response to a request by a Commonwealth Minister;
  • where required by a House or a Committee of the Parliament of the Commonwealth of Australia;
  • where necessary in the public interest; or
  • where authorised or required by law.

Submissions will only be treated as confidential if they are expressly stated to be confidential. Automatically generated confidentiality statements or disclaimers appended to an email do not suffice for this purpose. If you wish you make a confidential submission, you must indicate this by ensuring your submission is clearly marked confidential.

Even if a submission is not marked confidential, the Department may choose not to publish it, or any part of it, in the Department's discretion (for example where it includes personal information about a third party).

Contacting You

The Department may use your contact information to make further contact with you about your submission and the consultation process.

Access

The Department will securely store your personal information. The Department's privacy policy contains information regarding complaint handling processes and how to access and/or seek correction of personal information held by the Department. Further information is available at www.infrastructure.gov.au/privacy.