Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p27
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 27/48)
Character Range: 106827–109725

to be in force, but this sub-section does not prevent the publication in the Gazette of a further notice under this section in relation to the remains or to the article if a notice is published in the Gazette under section 5 or 6 in relation to the remains or to the article.".

Section 8—
     (a) Insert "4a," after "section".
     (b) Omit "he", substitute "the Minister".

SCHEDULE 1—continued

Paragraph 9 (1) (b)—
Insert "4a," after "section".

After sub-section 9 (1)—
Insert the following sub-section:
"(1a) Where—
     (a) a person has possession, custody or control of an article; and
     (b) the article becomes an article to which a notice under section 4a applies otherwise than on the publication of the notice,
the person shall, within 30 days after the day on which the article became an article to which the notice applies, give the prescribed notice to the Minister in relation to the article.".

Sub-section 9 (2)—
     (a) Insert "4a," after "section".
     (b) Insert "or her" after "his".

Sub-section 9 (4)—
Insert "or her" after "his".

Paragraph 9 (5) (a)—
     (a) Insert ", (1a)" after "(1)".
     (b) Insert "4a," after "section".

Section 9—
Omit "Penalty: $1,000.", substitute the following:
"Penalty—
     (a) if the offender is a natural person—$2,000; or
     (b) if the offender is a body corporate—$10,000.".

Sub-section 10 (2)—
Omit "Penalty: $1,000.", substitute the following:
"Penalty—
     (a) for a contravention of this sub-section by virtue of paragraph (a)—
         (i) if the offender is a natural person—$2,000; or
         (ii) if the offender is a body corporate—$10,000; or
     (b) for a contravention of this sub-section by virtue of paragraph (b)—
         (i) if the offender is a natural person—$5,000; or
         (ii) if the offender is a body corporate—$25,000.".

Sub-section 11 (1)—
Omit paragraphs (1) (a) and (b), substitute the following paragraphs:
"(a) the preservation of the article;
     (b) the placement of the article with a collection of articles that has been, or is to be, established; or
     (c) the exhibition of, or the provision of access to, the article, whether or not the article forms part of a collection of articles,".

SCHEDULE 1—continued

Sub-section 11 (3)—
Omit "he", substitute "the Minister".

Sub-section 11 (4)—
Omit "Penalty: $2,000 or imprisonment for 2 years, or both.", substitute the following:
"Penalty—
     (a) if the offender is a natural person—$5,000 or imprisonment for a period of 2 years, or both; or
     (b) if the offender is a body corporate—$25,000.".

Sub-section 11 (5)—
Omit "him" (wherever occurring), substitute "the person".

Sub-section 12 (2)—
Omit the sub-section, substitute the following sub-section:
"(2) The Minister shall cause to be entered in the Register particulars of—
     (a) known remains of ships, and known articles, in relation to which a declaration under