Document ID: chunk:federal_register_of_legislation:F2016L00619:reg:34
Version: federal_register_of_legislation:F2016L00619
Segment Type: reg
Provision Reference: reg 34
Character Range: 33288–35032

34  Capturing images or recording sound
 (1) A person must not:
 (a) capture an image in or of Aboriginal Land; or
 (b) make a sound recording on Aboriginal Land;
in contravention of a sign or notice erected by the Council.
 (2) Subsection (1) does not apply to a person authorised by the Council, in the part of Aboriginal Land where the image is captured or the sound is recorded, who is performing his or her duties in accordance with an authorisation from the Council.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.
 (3) The Council may erect signs and notices relating to:
 (a) a prohibition or restriction of:
 (i) capturing an image in or of Aboriginal Land; or
 (ii) making a sound recording on Aboriginal Land; or
 (b) conditions relating to entering Aboriginal Land to which a restriction applies.
 (4) Notice of a prohibition or restriction must be prominently displayed at all entrances to the Aboriginal Land or part of the Aboriginal Land to which the prohibition or restriction applies.
 (5) The Council or a warden may, at any time:
 (a) direct a person who has captured an image in contravention of subsection (1) to surrender either or both of the following:
 (i) all copies and forms of the image;
 (ii) any device or means used to capture the image; or
 (b) direct a person who has made a sound recording in contravention of subsection (1) to surrender either or both of the following:
 (i) all copies and forms of the recording;
 (ii) any device or means used to record the sound.
 (6) A person who is given a direction under subsection (5) must comply with the direction.
 (7) A contravention of subsection (1) or (6) is an offence.