Document ID: chunk:federal_register_of_legislation:C2004A03448:body:0:p13
Version: federal_register_of_legislation:C2004A03448
Segment Type: other
Provision Reference: 
Character Range: 30744–33540

a local Aboriginal community does not, within 30 days after receiving an application for consent under subsection (4), either grant consent or refuse consent; or
     (b) an application is made to the Minister for consent to the doing of an act referred to in subsection (1) in an area in relation to which there is no local Aboriginal community;
the Minister may consent, in writing, to the doing of an act referred to in subsection (1) in the community area or other area, as the case may be, and may, in the consent, specify terms and conditions subject to which the consent is given.
     "(6) The Minister shall not grant consent under subsection (5) unless:
     (a) the Minister has sought a recommendation on the matter from any person or body that in the Minister's opinion should consider the matter; and
     (b) the Minister has considered any recommendations made and is of the opinion that, in all the circumstances of the case, consent should be granted.
"(7) A person is not guilty of an offence if the person does an act referred to in subsection (1) in accordance with consent given under subsection (4) or (5).

Register
"21v. (1) The Minister shall cause to be kept a register containing a summary of particulars of declarations of preservation made under this Part.
"(2) The register shall not be open for inspection except by prescribed persons or in prescribed circumstances.

General meetings of local Aboriginal communities
"21w. There may be convened, in accordance with the regulations, general meetings of representatives of each local Aboriginal community and of prescribed Aboriginal organisations in Victoria for the purpose of:
     (a) providing advice to the Minister on issues relating to Aboriginal cultural property in Victoria; or

     (b) making recommendations to the Minister on the operation of this Part, including recommendations for its review or amendment.

Negotiation for return of Aboriginal remains
"21x. If a local Aboriginal community has reason to believe that any Aboriginal remains held by a university, museum or other institution were found or came from its community area, the local Aboriginal community may request the Minister to negotiate with the university, museum or institution for the return of the remains to the community.

Indictable offences
"21y. (1) Subject to subsection (2), the following offences are indictable offences:
     (a) an offence against section 21h or 21u; or
     (b) an offence against:
          (i) section 6, 7 or 7a of the Crimes Act 1914; or
          (ii) subsection 86 (1) of that Act by virtue of paragraph (a) of that subsection;
      in relation to an offence referred to in paragraph (a) of this subsection.
"(2) A court of summary jurisdiction may hear and determine proceedings in respect of