From 2014 to 2017, Birubi Art sold 18,000 boomerangs, bullroarers, didgeridoos and message stones to tourist outlets. Priced from $9.95, they were sold as cheap souvenirs.
Birubi Art labelled the artefacts and their boxes as “genuine Aboriginal Art”, “100% hand painted”, “handcrafted Australian Boomerang” and “Royalties are paid”.
The reality was different. The objects were made by artisans in Indonesia; no Australian Aboriginal person was involved; the only cultural connection was that the designs were created by Trisha Mason an aboriginal artist (who received royalties).
Enter the consumer regulator, the ACCC. They prosecuted Birubi Art for false and misleading representations, namely: made in Australia and hand painted by an Australian Aboriginal. On 23 October, 2018, the Federal Court declared these representations were false in breach of the Australian Consumer Law.
According to Justice Perry, these artefacts must be made in Australia because they are traditional Australian Aboriginal Cultural artefacts. Souvenir sellers and their suppliers may face prosecution for selling fakes if they are sourced overseas. And if the label says ‘hand painted’, then an Aboriginal person must have done or supervised the painting (i.e. have a more active role than to supply the designs).
A hearing on penalties and orders to be made against Birubi Art is pending.