Document ID: chunk:federal_register_of_legislation:C2004A03448:body:0:p10
Version: federal_register_of_legislation:C2004A03448
Segment Type: other
Provision Reference: 
Character Range: 23232–26069

51 (xxxi) of the Constitution.

Compensation may be paid in certain circumstances
"21n. (1) The Minister may, from moneys appropriated by the Parliament for the purpose, pay compensation to a person who is or is likely to be affected by a declaration of preservation under section 21e.

"(2) The amount of compensation payable is such amount as is agreed upon between the Minister and the person or, failing agreement, as is determined by an arbitrator appointed by the Minister.
"Division 3—Discovery and Disposal of Aboriginal Remains

Discovery of Aboriginal remains
"21p. (1) A person who, in Victoria, discovers anything that he or she has reasonable grounds to suspect to be Aboriginal remains shall report the discovery to the Minister, giving particulars of the remains and of their location.
Penalty: $500.
"(2) Where the Minister receives a report made under subsection (1) and is satisfied that the report relates to Aboriginal remains, the Minister shall take reasonable steps to consult with any local Aboriginal community that he or she considers may have an interest in the remains, with a view to determining the proper action to be taken in relation to the remains.

Disposal of Aboriginal remains
"21q. (1) Where Aboriginal remains discovered in Victoria are delivered to the Minister, he or she shall:
     (a) return the remains to a local Aboriginal community entitled to, and willing to accept, possession, custody or control of the remains in accordance with Aboriginal tradition;
     (b) otherwise deal with the remains in accordance with any reasonable directions of a local Aboriginal community referred to in paragraph (a); or
     (c) if there is or are no such community or communities—transfer the remains to a prescribed authority for safekeeping.
"(2) Nothing in this section shall be taken to derogate from the right of any local Aboriginal community, Aboriginal or Aboriginals accepting possession, custody or control of any Aboriginal remains pursuant to this section to deal with the remains in accordance with Aboriginal tradition.

"Division 4—Miscellaneous

Inspectors
"21r. (1) The Minister may, in writing, appoint any person after consultation with a local Aboriginal community to be an inspector for the purposes of this Part if the Minister is satisfied that the person has knowledge and expertise in the identification and preservation of Aboriginal cultural property and is able to undertake the duties of an inspector under this Part.
"(2) The Minister shall cause to be issued to each inspector an identity card in the form prescribed, containing a photograph of the inspector.

"(3) An inspector who notifies a person of a declaration made by the inspector under section 21c shall:
     (a) if it is reasonably practicable to do so—produce his or her identity card for inspection by that