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Have your say: Consultation begins for legislation to stop the selling of fake indigenous art

A report in 2022 revealed more than half of all purchased merchandise and souvenirs with First Nations art and designs were fake or are made without permission.

Works like this from Indigenous artist Reuben Oates are often reproduced without permission. Picture: Supplied
Works like this from Indigenous artist Reuben Oates are often reproduced without permission. Picture: Supplied

The federal government is commencing the formal consultation process as they look to bring in legislation to stop producers profiting from selling fake indigenous art.

The laws will aim to “protect First Nations traditional knowledge and cultural expressions” and stop the selling of fake canvas art and paintings as well as things like boomerangs and T-shirts at souvenir stalls.

The Northern Territory has been home to some of Australia’s most renowned First Nation artists including Albert Namatjira, Emily Kame Kngwarreye, George Tjungurrayi and Minnie Pwerlem, whose families will benefit from the laws, as will any existing or upcoming artists.

Aboriginal artist Albert Namatjira in 1957. Picture: File
Aboriginal artist Albert Namatjira in 1957. Picture: File
Photograph of Aboriginal artist Minnie Pwerle. Picture: Marianne Lacey.
Photograph of Aboriginal artist Minnie Pwerle. Picture: Marianne Lacey.

The legislation follows a 2022 Productivity Commission report that found more than half of purchased merchandise and souvenirs containing First Nation art designs were either fake or made without the artist’s permission.

Minister for the Arts Tony Burke said it was beyond time the selling of fake First Nations art became illegal.

“What we’re talking about here is theft, and it has to stop.,” he said. “That’s what these laws will do.

“Fake Indigenous art means artists get ripped off, consumers get ripped off and businesses get ripped off.

“It’s important that we get this right, which means listening to the communities impacted.”

Minister for the Arts, Tony Burke. Picture: NCA NewsWire / Martin Ollman
Minister for the Arts, Tony Burke. Picture: NCA NewsWire / Martin Ollman
Minister for Indigenous Australians Linda Burney. Picture: NCA NewsWire / Martin Ollman
Minister for Indigenous Australians Linda Burney. Picture: NCA NewsWire / Martin Ollman

Minister for Indigenous Australians Linda Burney backed up Mr Burke’s comments saying the selling of fake art “had to stop” and called for First Nations people to engage in the consultation process.

“The rich history of First Nations cultural expression goes back over 65,000 years and remains central to First Nations peoples’ identities,” she said.

“That’s why this government is working in partnership with First Nations people to create legislation to end the lucrative fake Indigenous art industry.

“I encourage communities, First Nations artists and all other stakeholders to share their views and experiences with us, by online submission or joining a public engagement session.”

Public engagement sessions will take place at 38 locations across Australia and visit each state and territory, there will also be three online sessions to be held in June.

The first public engagement session is set Monday in Burnie, Tasmania before they reach the Territory later in the month.

Dates for NT sessions are below, keep an eye on arts.gov.au/ for exact times and locations.

- Alice Springs: March 25, 26, 27

- Darwin: April 15, 16

- Katherine: April 17

- Yirrkala: April 18

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Original URL: https://www.ntnews.com.au/news/have-your-say-consultation-begins-for-legislation-to-stop-the-selling-of-fake-indigenous-art/news-story/70d1ef2af803939b53e19bb000946380