Document ID: chunk:federal_register_of_legislation:C2024C00794:section:48j
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 48J
Character Range: 276578–277925

48J  Offence in connection with mining interest
 (1) Except as provided by section 33A, 42, 43, 44, 46, 48A, 48B or 48D or as expressly provided by any other law, a person shall not make or agree to make a payment, or offer or agree to offer a gift, to another person in connection with the granting of an exploration licence or a mining interest in Aboriginal land.
 (2) An offence against subsection (1) is an indictable offence and, subject to this section, is punishable on conviction by:
 (a) in the case of a natural person—a fine of not more than 120 penalty units or imprisonment for not more than 2 years, or both; or
 (b) in the case of a body corporate—a fine of not more than 600 penalty units.
 (3) Notwithstanding that an offence against subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
 (4) Where a court of summary jurisdiction convicts a person of an offence against subsection (1), the maximum penalty that the court may impose is:
 (a) in the case of a natural person—a fine of 60 penalty units or imprisonment for 12 months, or both; or
 (b) in the case of a body corporate—a fine of 300 penalty units.

Part V—Aboriginal Land Commissioners