Senate debates

Tuesday, 12 February 2019

Bills

Competition and Consumer Amendment (Prevention of Exploitation of Indigenous Cultural Expressions) Bill 2019; Second Reading

5:01 pm

Photo of Sarah Hanson-YoungSarah Hanson-Young (SA, Australian Greens) Share this | | Hansard source

I move:

That this bill be now read a second time.

I seek leave to table an explanatory memorandum relating to the bill.

Leave granted.

I table an explanatory memorandum and seek leave to have my second reading speech incorporated into Hansard.

Leave granted.

The speech read as follows—

I rise today to speak in favour of the Competition and Consumer Amendment (Prevention of Exploitation of Indigenous Cultural Expressions) Bill 2019. The profile of Indigenous art has grown tremendously in recent decades. This has resulted in earning and income opportunities for Aboriginal and Torres Strait Islander communities and contributed to both the preservation and dissemination of culture. This rise in awareness and value of Indigenous art has also led to a growing market in fake art and merchandise.

These commercially-produced goods – mostly aimed at the tourist market – are often made from non-traditional materials and feature inauthentic and culturally inappropriate designs. This trade misappropriates Aboriginal and Torres Strait Islander culture, undermining the role of communities. It denies Aboriginal and Torres Strait Islander artists economic and other opportunities as well as deceiving and misleading buyers.

The main purpose of this legislation is to ensure an end to the proliferation of fake Aboriginal and Torres Strait Islander art and art products. It creates a a legislative solution which makes it an offence to supply or offer commercial goods to a consumer that include Indigenous cultural expression unless it is supplied by, or in accordance with a transparent arrangement with an Indigenous artist or relevant Indigenous community.

If this parliament were to agree to this bill and pass it into law, they will be supporting artists like Banduk Marika, who said that,

" The ecosystem, the environment we live in is full of natural resources. Our art is our resource, it belongs to us, we use it in a ceremonial context; it is a resource for our survival. If control of that resource is taken away from us, we cannot meet our cultural obligations; we cannot use it for our families ' benefit. Exploiting our resource needs to be negotiated on our terms, we need to have control of how that ' s done "

I put it to the Senate that it is time to support Aboriginal and Torres Strait Island artists and communities and end the exploitation of Indigenous Cultural Expression.

I seek leave to continue my remarks later.

Leave granted; debate adjourned.