Document ID: chunk:federal_register_of_legislation:C2004A00782:clause:1_98
Version: federal_register_of_legislation:C2004A00782
Segment Type: clause
Provision Reference: sch 1 cl 98
Character Range: 23634–24556

98  Subsection 13(1)
Repeal the subsection, substitute:

 (1) A person contravenes this section if:
 (a) the person engages in conduct; and
 (b) the conduct:
 (i) destroys or causes damage to a historic shipwreck or historic relic; or
 (ii) causes interference with a historic shipwreck or historic relic; or
 (iii) causes the disposal of a historic shipwreck or historic relic; or
 (iv) causes a historic shipwreck or historic relic to be removed from Australia (including State waters), from Australian waters or from waters above the continental shelf of Australia.

 (1A) Subsection (1) does not apply if the person engages in the conduct in accordance with a permit.

Note: The defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code.

 (1B) In subsections (1) and (1A):

engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.