Document ID: chunk:federal_register_of_legislation:C2004A03448:body:0:p12
Version: federal_register_of_legislation:C2004A03448
Segment Type: other
Provision Reference: 
Character Range: 28233–30984

inspector shall forthwith inform the local Aboriginal community (if any) of the area where the object is found; and
     (b) the object shall be returned to the owner within 60 days after the possession was taken (or such longer period, not exceeding 120 days, after possession was taken as the Minister authorises) unless it is compulsorily acquired under section 21m or otherwise becomes the property of the local Aboriginal community.
"(6) If:
     (a) an object is taken into possession under this section;
     (b) the object is required to be returned to the owner under paragraph (5) (b); and
     (c) the whereabouts of the owner cannot be ascertained after careful inquiry;
the object is vested in the Minister on trust for Aboriginals in Victoria.
"(7) The powers conferred by this section are in addition to any other powers conferred by law.

Honorary keepers or wardens
"21t. (1) A local Aboriginal community may, in writing, appoint honorary keepers or wardens for that community.
"(2) The function of an honorary keeper or warden is to record and maintain Aboriginal cultural property, either generally or as specified by the local Aboriginal community from time to time.
"(3) If an honorary keeper or warden is an Aboriginal who has the responsibility of being custodian for any Aboriginal cultural property, the local Aboriginal community shall not require the honorary keeper or warden to carry out any function that is inconsistent with the duties of the keeper or warden as the custodian.

Defacing property
"21u. (1) A person shall not wilfully deface, damage, otherwise interfere with or do any act likely to endanger an Aboriginal object or Aboriginal place.
Penalty:
     (a) if the person is a natural person—$10,000 or imprisonment for 5 years, or both; or
     (b) if the person is a body corporate—$50,000.
"(2) Subsection (1) does not prevent an Aboriginal from entering on or interfering with an Aboriginal place or Aboriginal object in accordance with Aboriginal tradition.

"(3) A person may apply to a local Aboriginal community for consent for the excavation of any Aboriginal place or Aboriginal object in a community area of that community or for the carrying out of scientific research on Aboriginal objects in that area.
"(4) A local Aboriginal community may consent, in writing, to the doing of an act referred to in subsection (1) or (3) in its community area and may, in the consent, specify terms and conditions subject to which the consent is given.
"(5) If:
     (a) 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