Document ID: chunk:federal_register_of_legislation:F2015C00868:reg:9
Version: federal_register_of_legislation:F2015C00868
Segment Type: reg
Provision Reference: reg 9
Character Range: 9249–10725

9  Return of illegally removed cultural property of Iraq
 (1) A person who suspects that an item in the possession or control of a person is illegally removed cultural property must, as soon as practicable, notify any of the following:
 (a) the Secretary of the Department;
 (b) the Secretary of the Arts Department;
 (c) a member of the Australian Federal Police or of the police force of a State or Territory.
 (2) If the Secretary of the Department reasonably believes that a person has possession or control of an item that might be illegally removed cultural property, the Secretary may, by written notice to the person, direct the person to comply with arrangements specified by the Secretary for storage of the item.
Note: If notified about an item under subregulation (1), the Departments and police will work together to determine whether the item is illegally removed cultural property. If satisfied it is, the Department will arrange for its eventual safe return to an appropriate institution in Iraq.
 (3) A person commits an offence of strict liability if:
 (a) the person is directed under subregulation (2) to comply with specified arrangements; and
 (b) the person fails to comply with the arrangements.
Penalty: 50 penalty units.
 (4) If the Secretary cannot satisfy himself or herself that an item for which arrangements are specified under subregulation (2) is an item of illegally removed cultural property, the Secretary must terminate the arrangements.