Document ID: chunk:federal_register_of_legislation:C2016C00937:section:12
Version: federal_register_of_legislation:C2016C00937
Segment Type: section
Provision Reference: s 12
Character Range: 12880–14862

12  Declarations in relation to objects
 (1) Where the Minister:
 (a) receives an application made orally or in writing by or on behalf of an Aboriginal or a group of Aboriginals seeking the preservation or protection of a specified object or class of objects from injury or desecration;
 (b) is satisfied:
 (i) that the object is a significant Aboriginal object or the class of objects is a class of significant Aboriginal objects; and
 (ii) that the object or the whole or part of the class of objects, as the case may be, is under threat of injury or desecration;
 (c) has considered any effects the making of a declaration may have on the proprietary or pecuniary interests of persons other than the Aboriginal or Aboriginals referred to in paragraph (1)(a); and
 (d) has considered such other matters as he or she thinks relevant;
he or she may, by legislative instrument, make a declaration in relation to the object or the whole or that part of the class of objects, as the case may be.
 (2) Subject to this Part, a declaration under subsection (1) has effect for such period as is specified in the declaration.
 (3) A declaration under subsection (1) in relation to an object or objects shall:
 (a) describe the object or objects with sufficient particulars to enable the object or objects to be identified; and
 (b) contain provisions for and in relation to the protection and preservation of the object or objects from injury or desecration.
 (3A) A declaration under subsection (1) cannot prevent the export of an object if there is a certificate in force under section 12 of the Protection of Movable Cultural Heritage Act 1986 authorising its export.
 (4) A declaration under subsection (1) in relation to Aboriginal remains may include provisions ordering the delivery of the remains to:
 (a) the Minister; or
 (b) an Aboriginal or Aboriginals entitled to, and willing to accept, possession, custody or control of the remains in accordance with Aboriginal tradition.