Document ID: chunk:federal_register_of_legislation:C2004A03448:body:0:p2
Version: federal_register_of_legislation:C2004A03448
Segment Type: other
Provision Reference: 
Character Range: 3352–6021

Government of Victoria has requested the Parliament of the Commonwealth to enact an Act in the terms of this Act:
AND WHEREAS the Commonwealth does not acknowledge the matters acknowledged by the Government of Victoria, but has agreed to the enactment of such an Act:
BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.
1. (1) This Act may be cited as the Aboriginal and Torres Strait Islander Heritage Protection Amendment Act 1987.
(2) The Aboriginal and Torres Strait Islander Heritage Protection Act 19841 is in this Act referred to as the Principal Act.

Commencement
2. This Act shall come into operation on a day to be fixed by Proclamation.

Application of other laws
3. Section 7 of the Principal Act is amended:
     (a) by inserting in subsection (1) ", except Part IIa," after "This Act"; and
     (b) by inserting after subsection (1) the following subsection:
     "(1a) Part IIA is not intended to exclude or limit the operation of:
          (a) any provision of the Archeological and Aboriginal Relics Preservation Act 1972 of Victoria in so far as it applies to or in relation to an entry made in a register, or a declaration made, under that Act before the commencement of the Aboriginal and Torres Strait Islander Heritage Protection Amendment Act 1987; or
          (b) any other law of Victoria (other than a law for the preservation or protection of Aboriginal cultural property within the meaning of Part IIa) except as referred to in paragraph (a);
      that is capable of operating concurrently with that Part.".

4. After section 8 of the Principal Act the following section is inserted in Part I:

Application of Part II to Victoria
"8a. (1) The Minister shall not make a declaration under Division 1 of Part II in relation to an area or object in Victoria unless the Minister is satisfied that:
     (a) the applicant for the declaration has made an application in relation to the area or object under Part IIa and the application has been rejected; or
     (b) such an application would be inappropriate or could not be made.
"(2) An authorised officer shall not make a declaration under Division 2 of Part II in relation to an area or an object in Victoria unless the authorised officer is satisfied that an application in relation to the area or object under Part IIa would be inappropriate or could not be made.".

Discovery of Aboriginal remains
5. Section 20 of the Principal Act is amended by inserting in subsection (1) ", except in Victoria," after "person who".

Disposal of Aboriginal remains
6. Section 21 of the Principal Act is