The federal government has rejected claims it should have stopped the export and sale of a rare farm tractor which recently fetched $A250,000 at auction in the United States.
Federal Arts Minister Paul Fletcher has revealed an export permit hadn't been sought for the International Harvester Titan D 20 horsepower tractor.
However he said an investigation by his department had concluded there was insufficient evidence the 108-year-old machine qualified as an Australian Protected Object.
A group of local vintage farm machinery enthusiasts led by Victorians John Edgar and Stuart Landry firmly believe the export of the tractor contravened Australia's Protection of Movable Cultural Heritage Act.
The US-built Titan D 20 horsepower tractor - which dates from late 1912 and is thought to be one of only five remaining complete models in the world - was sold online by Aumann Auctions of Illinois on April 24 to an undisclosed buyer.
Mr Fletcher has written a letter to Mr Landry saying that while the Titan D was rare he had decided it did not qualify for protection under the Movable Cultural Heritage Regulations 2018 and therefore its shipment to the US hadn't been unlawful.
"Even if it was determined to be an Australian Protected Object, that does not necessarily mean the government would pursue action to return the tractor to Australia," he wrote.
"The facts of the case and the likelihood of success would need to be carefully considered at that time.
"The investigation of possible breaches of the Act are a matter for the Commonwealth government.
"Decisions to pursue enforcement action are influenced by a range of considerations including the strength of the available evidence that a breach of the Act has occurred, any difficulties in taking enforcement action such as the involvement of a foreign jurisdiction, and the public interest in enforcing the Act."
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Mr Landry has returned fire, telling Mr Fletcher he rejected his assertion the Titan D tractor was not an Australian Protected Object.
"And furthermore (I) reject your assertion that you can choose not to enforce the Act because it may be difficult or not in the public interest as it is a matter of law."
He told Mr Fletcher he hadn't heard the last of him on the matter .
The Titan D 20 horsepower tractor was one of 273 built by International Harvester between 1910-14 and was shipped to Australia in 1912 from the company's factory in Milwaukee, Wisconsin.
It is powered by a Famous engine which is "stuck" according to Aumann Auctions which specialises in historic farm machinery.
The listing on Aumann's website said the tractor had been returned "home" after being abandoned and almost forgotten for 50 years in Australia (in bushland near Geelong).