Document ID: chunk:federal_register_of_legislation:C2004A03448:body:0:p3
Version: federal_register_of_legislation:C2004A03448
Segment Type: other
Provision Reference: 
Character Range: 5783–8734

not be made.".

Discovery of Aboriginal remains
5. Section 20 of the Principal Act is amended by inserting in subsection (1) ", except in Victoria," after "person who".

Disposal of Aboriginal remains
6. Section 21 of the Principal Act is amended by inserting in subsection (1) ", other than remains discovered in Victoria," after "Aboriginal remains".
7. After section 21 of the Principal Act the following Part is inserted:

"PART IIa—VICTORIAN ABORIGINAL CULTURAL HERITAGE

"Division 1—Preliminary

Interpretation
"21a. (1) In this Part:
     'Aboriginal cultural heritage agreement' means an agreement made in accordance with section 21k;
     'Aboriginal cultural property' means Aboriginal places, Aboriginal objects and Aboriginal folklore;
     'Aboriginal folklore' means traditions or oral histories that are or have been part of, or connected with, the cultural life of Aboriginals (including songs, rituals, ceremonies, dances, art, customs and spiritual beliefs) and that are of particular significance to Aboriginals in accordance with Aboriginal tradition;
     'Aboriginal object' means an object (including Aboriginal remains) that is in Victoria and is of particular significance to Aboriginals in accordance with Aboriginal tradition;
     'Aboriginal place' means an area in Victoria that is of particular significance to Aboriginals in accordance with Aboriginal tradition;

     'community area', in relation to a local Aboriginal community, means the area in Victoria declared by the regulations to be the area of that community for the purposes of this Part;
     'local Aboriginal community' means an organisation that is specified in the Schedule;
     'magistrate' means a magistrate of the State of Victoria;
     'police officer' means:
          (a) a member or special member of the Australian Federal Police; or
          (b) a member of the Police Force of the State of Victoria;
     'State Minister' means a Minister of the Crown of the State of Victoria.
"(2) The regulations may amend the Schedule by adding, omitting or varying the name of an organisation that is incorporated in, or carries on business in, Victoria.

Delegation
"21b. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a State Minister or an officer of the Department all or any powers that are conferred on the Minister by or under this Part.
"(2) A State Minister to whom a power has been delegated under subsection (1) may, by writing signed by that Minister, authorise another person to exercise the power so delegated.
"(3) An authority under subsection (2) may be given to:
     (a) a specified person; or
     (b) the person for the time being occupying or performing the duties of a position in the public service of the State of Victoria, being a position specified in the instrument by which the authority is given.
"(4) Any act or thing done