For the Australian Government to implement a stand-alone Act that enforces a truth-in-advertising law that prohibits the misrepresentation in marketing of Australian and Torres Strait Islander Indigenous arts and crafts products within Australia.
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The current Trade Practices Act 1974 (Cth) "The Act" lacks full powers to implement the legal protection of indigenous art being made overseas by non-indigenous being sold as Aboriginal or Torres Strait Islander created, this act under section 5 only makes it possible to prosecute if; s5 (eb) of the Act to make a false or misleading representation concerning the place of origin of goods. This is not good enough more power is needed.
In the United States indigenous art is protected under the Indian Arts and Crafts Act of 1990 (USA), where it is illegal to offer or display for sale, or sell any art or craft product in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian Tribe or Indian arts and crafts organization, resident within the United States.
Unlike the section 5 of Trade Practices Act 1974 (Cth) already in place the Indian Arts and Crafts Act of 1990 (USA) offers more protection in the correct representation of indigenous art and ingenious inspired products in Australia. The importation of items like boomerangs made in Indonesia and china under the porpoised act would be a violation, currently these items sold in some souvenir shops originate from non -indigenous Australians are sold in a way that suggest that it is Aboriginal art due to their artwork placed on to the product.
The creation of a similar Act in Australia it would help better protect the integrity of Aboriginal and Torres Strait Islander art and culture, by not being miss-represented as being created by Indigenous Australians and also offer a future market for indigenous communities in truly representing their culture by supplying the souvenir shops and market places with their authentic product without the miss-representation from overseas importers.
In conjunction to the act all items that are not prohibited under the proposed Act , all items should have place of origin marked on the product and true authentic indigenous artwork and souvenirs have a universal marking (sticker) to advise buyers it is authentic product to be compulsory mandated by the proposed Act.
Please support the my petition so indigenous artist and manufacturers are on the same playing filed against counterfeit art and souvenirs producers. The mass market creation of indigenous works to be sold in souvenir shops or market places is not only a threat to the true representation of indigenous art but to jobs for indigenous Australians......Please support and sign the petition.
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