Document ID: chunk:federal_register_of_legislation:C2004A03448:body:0:p14
Version: federal_register_of_legislation:C2004A03448
Segment Type: other
Provision Reference: 
Character Range: 33308–35995

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 an offence referred to in subsection (1) if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
"(3) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence referred to in that subsection, the penalty that the court may impose is:
     (a) if the person is a natural person—a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both; or
     (b) if the person is a body corporate—a fine not exceeding $10,000.

Evidence
"21z. (1) In any proceedings for an offence against section 21h in relation to a declaration under this Part, the proof of the declaration is prima facie evidence that the place or object concerned is an Aboriginal place or Aboriginal object, as the case may be.
"(2) For the purposes of subsection (1), a declaration made under section 21e may be proved by the production of the Gazette purporting to contain it.
"(3) In proceedings for an offence against section 21h or 21u, where there is evidence that, at the relevant time, the defendant neither knew, nor had reasonable grounds for knowing:
     (a) in the case of an offence against section 21h—of the existence of the declaration alleged to have been contravened; or

     (b) in the case of an offence against section 21u—that the object or place concerned was an Aboriginal object or an Aboriginal place, as the case may be;
the defendant shall not be committed for trial or convicted unless the prosecution proves that, at the time, the defendant knew, or ought reasonably to have known, of that fact.

Alcoa smelter site exempted
"21za. This Part does not apply to any site, land, act or activity to which section 13 of the Alcoa (Portland Aluminium Smelter) Act 1980 of Victoria applies.".

Body corporate responsible for acts of servants and agents
8. Section 25 of the Principal Act is amended by inserting in paragraph (1) (b) "or IIa" after "Part II".

Injunctions
9. Section 26 of the Principal Act is amended:
     (a) by inserting in paragraph (1) (a) "or IIa" after "II";
     (b) by omitting from paragraphs (4) (c) and (5) (c) "significant Aboriginal area, significant Aboriginal object or significant Aboriginal objects" and substituting "area, place, object or objects".

Proceedings in camera
10. Section 27 of the Principal Act is amended by inserting ", except Part IIa," after "this Act".

Compensation for acquisition of property