Loopholes in Australian wildlife, cultural heritage, human tissue and biosecurity laws: four case studies

Abstract We provide a novel investigation into where Australian legislation, meant to mitigate commerce in material cultural heritage, wildlife products and human tissue, clash in both their scope and practical application. Through an exploratory analysis of the legal context surrounding three recent Australian auction house sales and a social media post (demonstrating an example of successful import into Australia of human remains posing clear biosecurity risk), we identify legal loopholes through which these categories of trafficking can converge. In reviewing and discussing related cases, and what precedent their verdicts might establish, we also highlight tangential bodies of legislation that could assist future prosecution of import and export violations where environmental, cultural heritage, human tissue or biosecurity laws are found lacking. We highlight future research directions that should be pursued to quantify how cultural heritage, wildlife products and human remains are sought and sold together in Australia and globally.