Version No. 021 Aboriginal Heritage Act 2006 No. 16 of 2006 Version incorporating amendments as at 28 February 2017 table of provisions Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 1 3 Objectives 2 4 Definitions 3 5 What is an Aboriginal place? 17 6 Who is a native title party for an area? 18 7 Traditional owners 19 8 Heritage significance not affected by damage 20 9 Act does not affect operation of Coroners Act 2008 20 10 Native title rights and interests 20 11 Act binds the Crown 21 Part 2—Ownership and custody of Aboriginal cultural heritage 22 Division 1—Underlying principles 22 12 Principles 22 Division 2—Aboriginal ancestral remains 23 14 Reporting and transfer of Aboriginal ancestral remains in custody of public entities and universities 23 17 Reporting Aboriginal ancestral remains by persons other than coroner 24 18 Council must determine how to act on report 25 19 Transfer of Aboriginal ancestral remains to Council 26 19A Transfer of Aboriginal ancestral remains to Council by coroner 27 20 What must the Council do with transferred Aboriginal ancestral remains? 28 20A Reporting of interment of Aboriginal ancestral remains outside of an Aboriginal place 28
S. 4(1) def. of Catchment Management Authority inserted by No. 11/2016 s. 5(1). Catchment Management Authority means an Authority within the meaning of the Catchment and Land Protection Act 1994; coastal waters of Victoria has the same meaning as the expression "coastal waters of the State" has in relation to Victoria under the Coastal Waters (State Powers) Act 1980 of the Commonwealth; S. 4(1) def. of committee of management inserted by No. 11/2016 s. 5(1). committee of management means a committee of management appointed under the Crown Land (Reserves) Act 1978; contravene includes fail to comply with; S. 4(1) def. of coroner inserted by No. 11/2016 s. 5(1). coroner has the same meaning as in the Coroners Act 2008; Council means the Aboriginal Heritage Council established under Part 9; S. 4(1) def. of cultural heritage advisor repealed by No. 11/2016 s. 5(9). * * * * * cultural heritage agreement has the meaning given by section 68; cultural heritage audit has the meaning given by section 80; cultural heritage management plan has the meaning given by section 42; cultural heritage permit means a cultural heritage permit granted under this Act;
cultural heritage significance includes— (a) archaeological, anthropological, contemporary, historical, scientific, social or spiritual significance; and (b) significance in accordance with Aboriginal tradition; S. 4(1) def. of Department repealed by No. 11/2016 s. 5(9), new def. of Department inserted by No. 11/2016 s. 5(1). Department means the Department of Premier and Cabinet; development, in relation to land, includes the following kinds of development— (a) the construction or exterior alteration or exterior decoration of a building; (b) the demolition or removal of a building or works; (c) the construction or carrying out of works; (d) the subdivision or consolidation of land, including buildings and airspace; (e) the placing or relocation of a building or works on land; (f) the construction or putting up for display of signs or hoardings; S. 4(1) def. of environmental and ecological knowledge inserted by No. 11/2016 s. 5(1). environmental and ecological knowledge, in relation to Aboriginal tradition, includes knowledge of medicinal and other properties of flora and fauna, minerals and other elements of the environment;
S. 4(1) def. of municipal council inserted by No. 11/2016 s. 5(1). municipal council means a Council within the meaning of the Local Government Act 1989; Museum of Victoria means the premises from time to time used by the Museums Board for its activities under the Museums Act 1983; Museums Board means the Museums Board of Victoria established by section 10 of the Museums Act 1983; Native Title Act means the Native Title Act 1993 of the Commonwealth; S. 4(1) def. of native title agreement amended by No. 11/2016 s. 5(6). native title agreement means an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements under the Native Title Act that is made between a group of Aboriginal persons and the Minister on behalf of the State; native title party has the meaning given by section 6; ongoing protection declaration means an ongoing protection declaration made under this Act; S. 4(1) def. of Parks Victoria inserted by No. 11/2016 s. 5(1). Parks Victoria has the same meaning as in the Parks Victoria Act 1998; S. 4(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 1.1). police officer has the same meaning as in the Victoria Police Act 2013;
S. 4(1) def. of preliminary Aboriginal heritage test inserted by No. 11/2016 s. 5(1). preliminary Aboriginal heritage test means a test prepared under Division 2A of Part 4; S. 4(1) def. of public cemetery inserted by No. 11/2016 s. 5(1). public cemetery has the same meaning as in the Cemeteries and Crematoria Act 2003; S. 4(1) def. of public land manager inserted by No. 11/2016 s. 5(1). public land manager means any of the following— (a) a committee of management; (b) the Secretary to the Department of Environment, Land, Water and Planning; (c) a municipal council; (d) Parks Victoria; (e) VicRoads; (f) VicTrack; (g) a water authority; S. 4(1) def. of recognition and settlement agreement inserted by No. 62/2010 s. 92. recognition and settlement agreement has the same meaning as in the Traditional Owner Settlement Act 2010; Register means the Victorian Aboriginal Heritage Register established under section 144;
S. 4(1) def. of survey for Aboriginal cultural heritage inserted by No. 11/2016 s. 5(1). survey for Aboriginal cultural heritage means— (a) a survey of land, other than by disturbing or excavating the land, to discover Aboriginal cultural heritage; or (b) a survey of land for the purposes of a preliminary Aboriginal heritage test; S. 4(1) def. of traditional or familial links repealed by No. 11/2016 s. 5(9). * * * * * S. 4(1) def. of traditional owner inserted by No. 11/2016 s. 5(1). traditional owner has the meaning given by section 7; S. 4(1) def. of traditional owner group entity inserted by No. 62/2010 s. 92. traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010; S. 4(1) def. of 24-hour stop order inserted by No. 11/2016 s. 5(1). 24-hour stop order means a 24-hour stop order issued under Division 3 of Part 6; S. 4(1) def. of university inserted by No. 11/2016 s. 5(1). university means any of the following— (a) Australian Catholic University; (b) Deakin University; (c) Federation University Australia; (d) La Trobe University; (e) Monash University;
A coroner is required under sections 16A and 23(4) of the Coroners Act 2008 to report to the Council if, in investigating a death, the coroner believes that the body is, or is likely to be, Aboriginal ancestral remains, or if a preliminary examination performed by a medical investigator determines that the body is, or is likely to be, Aboriginal ancestral remains. S. 20 substituted by No. 11/2016 s. 18. 20 What must the Council do with transferred Aboriginal ancestral remains? (1) If Aboriginal ancestral remains are transferred to the Council under sections 14, 19, 19A or 178, the Council must— (a) transfer the remains to any relevant traditional owner of the remains, or to any relevant registered Aboriginal party that the Council is satisfied is entitled to and willing to take possession, custody or control of the remains; or (b) transfer the remains to the Museums Board for safekeeping; or (c) otherwise deal with the remains as the Council thinks appropriate. (2) The Museums Board must accept for safekeeping any Aboriginal ancestral remains transferred to the Board under subsection (1). S. 20A inserted by No. 11/2016 s. 18. 20A Reporting of interment of Aboriginal ancestral remains outside of an Aboriginal place A person who inters Aboriginal ancestral remains outside of an Aboriginal place must, as soon as practicable, report the location of the interment to the Secretary. Division 3—Secret or sacred Aboriginal objects
S. 21 (Heading) amended by No. 11/2016 s. 19(1). 21 Ownership of secret or sacred objects before the Aboriginal Heritage Amendment Act 2016 (1) This section applies to an Aboriginal object that— (a) is a secret or sacred object; and S. 21(1)(b) amended by No. 11/2016 s. 19(2). (b) is, immediately before the commencement of this section, in the custody of a State entity, or, on or after that commencement but before the commencement of section 20 of the Aboriginal Heritage Amendment Act 2016, comes into the custody of a State entity. (2) Aboriginal people who have a traditional or familial link with the object, if they are not already the owners of the object, become the owners— (a) if the object was in the custody of a State entity immediately before the commencement of this section, on that commencement; or (b) in any other case, when the object comes into the custody of a State entity. S. 21A inserted by No. 11/2016 s. 20. 21A Ownership of secret or sacred objects after the Aboriginal Heritage Amendment Act 2016 (1) This section applies to an Aboriginal object that is a secret or sacred object that— (a) is, on the commencement of this section, in the custody of a person (other than an Aboriginal person who is the rightful owner of the object) or, after that commencement, comes into the custody of that person; or (b) on or after the commencement of this section, comes into the custody of a State entity.
(2) Subsection (1) does not apply— S. 34(2)(a) amended by No. 11/2016 s. 29(3). (a) to anything done in the course of preparing a cultural heritage management plan in accordance with Part 4 or an Aboriginal cultural heritage land management agreement; or S. 34(2)(b) amended by No. 11/2016 s. 29(4). (b) to anything done in accordance with an approved cultural heritage management plan or an Aboriginal cultural heritage land management agreement; or (c) to a public entity in respect of an Aboriginal object or a collection of Aboriginal objects that the public entity removes from for the purpose of— (i) lending the object or collection to a person or body located outside Victoria; or (ii) returning the object or collection to a person or body outside that had lent the object or collection to the public entity. (3) In this section, public entity means— (a) the Museums Board; or (b) the Council of Trustees of the National Gallery of Victoria (within the meaning of the National Gallery of Victoria Act 1966); or (c) a university; or (d) a gallery or museum conducted by a body established for a public purpose.
35 Forfeiture of Aboriginal object to Crown S. 35(1) amended by No. 68/2009 s. 97(Sch. item 1.2). (1) On conviction for an offence against section 34 involving an Aboriginal object, in addition to any other sentence imposed in respect of the offence, the court by which the person was convicted— (a) must, if the object is owned by the person; and (b) may in all other cases— order that the object be forfeited to the Crown. (2) In this section, conviction includes a plea of guilty or a finding of guilt by a court, even if a conviction is not recorded. Division 4—Cultural heritage permits S. 35A inserted by No. 11/2016 s. 31. 35A Definition In this Division— approval body, in relation to an application for a cultural heritage permit, means— (a) a relevant registered Aboriginal party; or (b) if there is no relevant registered Aboriginal party—the Secretary; or (c) if the applicant is a registered Aboriginal party or the Secretary—the Council. 36 Application for cultural heritage permit S. 36(1) amended by No. 11/2016 s. 32(1). (1) A person may apply to an approval body for a cultural heritage permit authorising the person to do one or more of the following— (a) disturb or excavate any land for the purpose of uncovering or discovering Aboriginal cultural heritage;
S. 41A inserted by No. 11/2016 s. 36. 41A Offence to fail to comply with cultural heritage permit The holder of a cultural heritage permit must comply with the conditions of the permit. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 150 penalty units. Note Section 187A applies to an offence against this section. S. 41B inserted by No. 11/2016 s. 36. 41B Transfer of cultural heritage permits (1) The holder of a cultural heritage permit may transfer the permit to another person with the written approval of the approval body. (2) If the approval body is the Secretary, the Secretary must consult with, and consider the views of, any Aboriginal person or Aboriginal body that the Secretary considers relevant before approving the transfer of a cultural heritage permit. S. 41C inserted by No. 11/2016 s. 36. 41C Amendments to cultural heritage permits This Division applies to a proposed amendment to a cultural heritage permit as if the proposed amendment were an application for a cultural heritage permit. S. 41D inserted by No. 11/2016 s. 36. 41D Taking effect of cultural heritage permits A cultural heritage permit takes effect when a copy of the permit is lodged with the Secretary after being approved by the approval body.
(c) at the time of commencing the activity, the person knew the activity required a cultural heritage management plan. S. 46(3) inserted by No. 11/2016 s. 40(3). (3) A person who is guilty of an offence under subsection (2) is liable to a penalty not exceeding— (a) in the case of a natural person, 240 penalty units; (b) in the case of a body corporate, 1200 penalty units. S. 46(4) inserted by No. 11/2016 s. 40(3). (4) A person is guilty of an offence if— (a) the person commences an activity for which a cultural heritage management plan is required under this Part; and (b) a cultural heritage management plan for the activity has not been approved under Division 5; and (c) at the time of commencing the activity, the person was reckless as to whether the activity required a cultural heritage management plan. S. 46(5) inserted by No. 11/2016 s. 40(3). (5) A person who is guilty of an offence under subsection (4) is liable to a penalty not exceeding— (a) in the case of a natural person, 120 penalty units; (b) in the case of a body corporate, 600 penalty units. S. 46(6) inserted by No. 11/2016 s. 40(3). (6) A person is guilty of an offence if— (a) the person commences an activity for which a cultural heritage management plan is required under this Part; and
(4) In this section, responsible authority has the same meaning as in the Planning and Environment Act 1987. 49 Plan required if Environment Effects Statement required (1) This section applies if a proponent or other person is required to prepare an Environment Effects Statement under the Environment Effects Act 1978 in respect of any works. (2) The proponent or other person must, before commencing the works, also prepare a cultural heritage management plan for the area in which the works are to be carried out. (3) In this section— Environment Effects Statement and proponent have the same meanings as in the Environment Effects Act 1978; works includes public works within the meaning of the Environment Effects Act 1978. S. 49A inserted by No. 56/2009 s. 264(Sch. 2 item 1.3). 49A Plan required if impact management plan or comprehensive impact statement is required (1) This section applies if a project proponent is required to prepare an impact management plan or comprehensive impact statement in relation to a declared project. (2) The project proponent must not commence works until a cultural heritage management plan for the area in which the works are to be carried out has been approved. (3) In this section, declared project, comprehensive impact statement, impact management plan, project proponent and works have the same meaning as in the Major Transport Projects Facilitation Act 2009.
section 55 within the time required by that section; (iii) all of the relevant registered Aboriginal parties have given the sponsor notice under section 55 that they do not wish to evaluate the plan; (iv) no relevant registered Aboriginal party has given notice to the sponsor under section 63(1) within the time required by that section. S. 65(1A) inserted by No. 11/2016 s. 53(1). (1A) An application under this section must be accompanied by the prescribed fee (if any). (2) Within 30 days after receiving the application, the Secretary must decide whether to approve the plan or to refuse to approve the plan. S. 65(2A) inserted by No. 11/2016 s. 53(2). (2A) The Secretary may request the sponsor to provide any additional information that the Secretary reasonably considers necessary to assist the Secretary's decision. S. 65(2B) inserted by No. 11/2016 s. 53(2). (2B) A request under subsection (2A) must be made in writing and include the following information— (a) the information to be provided; (b) the date by which the information is to be provided, being at least 30 days after the request; (c) a statement that the application will lapse if the information is not provided by that date. S. 65(2C) inserted by No. 11/2016 s. 53(2). (2C) The period referred to in subsection (2)— (a) ceases to run when the Secretary requests the additional information; and (b) recommences to run when the information is provided to the Secretary.
of any Aboriginal cultural heritage in the area. S. 74E inserted by No. 11/2016 s. 58. 74E Copy of Aboriginal cultural heritage land management agreement must be given to Secretary (1) A public land manager that has entered into an Aboriginal cultural heritage land management agreement must, within 14 days of entering into the agreement, give a copy of the relevant documentation to the Secretary. (2) In this section— relevant documentation means any site records, photographs, maps and plans relating to an Aboriginal cultural heritage land management agreement and a copy of the agreement. S. 74F inserted by No. 11/2016 s. 58. 74F Amendments to Aboriginal cultural heritage land management agreements Sections 74D and 74E apply to a proposed amendment to an Aboriginal cultural heritage land management agreement as if the proposed amendment were a notice of intention to enter into an Aboriginal cultural heritage land management agreement. S. 74G inserted by No. 11/2016 s. 58. 74G Offence to fail to comply with Aboriginal cultural heritage land management agreement (1) A party to an Aboriginal cultural heritage land management agreement is guilty of an offence if— (a) the party by an act or omission fails to comply with the conditions of the Aboriginal cultural heritage land management agreement; and (b) at the time of the act or omission the party knew that the act or omission failed to comply with the conditions of the agreement.
(b) if the audit relates to a cultural heritage permit, to the holder of the permit and each relevant registered Aboriginal party. 82 Requirement of cultural heritage audit In ordering a cultural heritage audit under section 81, the Minister must specify— (a) the matters to be addressed by the audit; and (b) the period within which the audit is to be completed. 83 Conduct of cultural heritage audit S. 83(1) amended by No. 11/2016 s. 62(1). (1) A cultural heritage audit must be conducted by or under the direction of an authorised officer. S. 83(2) amended by No. 11/2016 s. 62(2). (2) The Secretary may direct the sponsor of a cultural heritage management plan or the holder of a cultural heritage permit to which a cultural heritage audit relates to engage a heritage advisor to conduct the audit. S. 83(3) amended by No. 11/2016 s. 62(3). (3) If the Secretary directs a sponsor or the holder of a cultural heritage permit to engage a heritage advisor to conduct a cultural heritage audit, the sponsor must comply with the direction. In the case of a natural person, 120 penalty units; In the case of a body corporate, 600 penalty units. Note to s. 83(3) inserted by No. 11/2016 s. 62(4). Note Section 187A applies to an offence against this subsection.
Note to s. 110(6) inserted by No. 11/2016 s. 134(1). Note Section 187A applies to an offence against this subsection. Division 1—Disputes regarding cultural heritage management plans Subdivision 1—Alternative dispute resolution S. 111 substituted by No. 11/2016 s. 72. 111 Meaning of dispute In this Subdivision, dispute means a dispute between 2 or more registered Aboriginal parties, or between the sponsor of a cultural heritage management plan and a registered Aboriginal party, arising in relation to the evaluation of a plan for which approval is sought under section 62, but does not include a dispute arising in relation to the evaluation of a plan for which approval is sought under section 65 or 66. 112 What alternative dispute resolution includes (1) Alternative dispute resolution under this Subdivision includes preliminary assistance in dispute resolution, such as the giving of advice designed to ensure that— (a) the parties are fully aware of their rights and obligations; and (b) there is full and open communication between the parties concerning the dispute. (2) In this Subdivision—
S. 145(1)(j) inserted by No. 11/2016 s. 86(5). (j) all known Aboriginal intangible heritage agreements and any Aboriginal intangible heritage approved to be recorded under section 79C. S. 145(2) substituted by No. 11/2016 s. 86(6). (2) The Secretary may record in the Register any other information regarding Aboriginal cultural heritage or Aboriginal intangible heritage that the Secretary considers necessary in order to protect or manage that heritage. 146 Who may access the Register? S. 146(1) amended by No. 11/2016 s. 87(1). (1) Subject to section 146A, the Secretary must allow any of the following persons or bodies to have access to the Register but only for the purpose set out for that person or body— (a) a registered Aboriginal party or a person authorised in writing by a registered Aboriginal party—for the purpose of obtaining information relating to the area or areas in respect of which the registered Aboriginal party is registered; (b) a member of the Council or a public sector employee (within the meaning of the Public Administration Act 2004) whose duties involve the administration of this Act—for the purpose of managing Aboriginal cultural heritage in Victoria or maintaining and updating the Register; S. 146(1)(c) substituted by No. 11/2016 s. 87(2). (c) a person engaged as a heritage advisor for a cultural heritage management plan, preliminary Aboriginal heritage test, Aboriginal cultural heritage land management agreement or a cultural heritage audit—for the purpose of conducting research related to the plan, test, agreement or audit;
S. 146(1)(d) amended by No. 11/2016 s. 87(3). (d) a land owner—for the purpose of obtaining information on any Aboriginal cultural heritage that may relate to the owner's land, including a cultural heritage management plan prepared in relation to the land before the land owner became the owner of that land; (e) a person who, or a body that, has the control and management of Crown land—for the purpose of obtaining information to assist or enable the person or body to carry out functions or duties associated with the control and management of the land; (f) a person appointed or employed under Division 3 of Part 4 of the Local Government Act 1989—for the purpose of carrying out functions or duties associated with the person's employment; S. 146(1)(g) amended by No. 11/2016 s. 87(4). (g) a heritage advisor appointed by a proposed developer, purchaser or user of land or by a person specified under paragraph (d), (e) or (f) in relation to land—for the purpose of obtaining information on any Aboriginal cultural heritage that may relate to the land; S. 146(1)(h) inserted by No. 11/2016 s. 87(5). (h) a person who applies to the Secretary for the certification of a preliminary Aboriginal heritage test—for the purpose of obtaining information on any Aboriginal cultural heritage that may relate to the land on which the proposed activity is to be carried out; S. 146(1)(i) inserted by No. 11/2016 s. 87(5). (i) a holder of a cultural heritage permit granted under section 36(1)(a) or (b)—for the purpose of obtaining information on any Aboriginal cultural heritage relating to the permit;
Division 2—Application and registration 150 Application for registration S. 150(1) amended by No. 11/2016 s. 91(1). (1) An application for registration as a registered Aboriginal party must be made to the Council in the prescribed form and include the following— (a) the party's name, address and other contact details; (b) a description of the area in respect of which the application is made, including details, in the form of a map or a written description, of the boundaries of that area; (c) a statement from the applicant outlining the nature of— (i) the relationship or links of the applicant to the area for which the application is made; or S. 150(1)(c)(ii) amended by No. 11/2016 s. 91(2). (ii) the applicant's historical or contemporary interest in Aboriginal cultural heritage relating to the area and expertise in managing and protecting Aboriginal cultural heritage in that area; S. 150(1)(d) inserted by No. 11/2016 s. 91(3). (d) a statement from the applicant setting out how the applicant intends to consider the interests of any Aboriginal people for whom the area in respect of which the application is made has cultural heritage significance, but who are not the traditional owners of the area; S. 150(1)(e) inserted by No. 11/2016 s. 91(3). (e) any other prescribed information.
(f) whether the applicant has entered into an agreement with the State in relation to land and natural resource management in the area to which the application relates; (g) any other matter that the Council considers to be relevant. (4) In determining an application, the Council must be satisfied that the applicant is a body corporate. (5) In determining an application, the Council may— (a) request further information from the applicant; and (b) obtain assistance from any person that the Council considers has relevant knowledge or expertise. (6) The Council may ask the Secretary to assist the applicant to produce a map of the boundaries of the area to which the application relates. S. 151(7) inserted by No. 11/2016 s. 92(6). (7) The Council must not approve an application for registration as a registered Aboriginal party if the applicant is not a traditional owner group entity and there exists a traditional owner group entity for the area to which the application relates. S. 151(8) inserted by No. 11/2016 s. 92(6). (8) The Council may approve an application referred to in subsection (7) with the written consent of the traditional owner group entity for the area. S. 151(9) inserted by No. 11/2016 s. 92(6). (9) The Council may, in writing, ask the applicant for any additional information that the Council reasonably thinks necessary to assist its decision. S. 151(10) inserted by No. 11/2016 s. 92(6). (10) The period referred to in subsection (1)— (a) ceases to run when the Council asks for additional information under subsection (9); and
S. 167(3) amended by No. 11/2016 s. 108(5). (3) If an occupier consents to an entry and search, the authorised officer or Aboriginal heritage officer who requested consent must, before entering the land or premises, ask the occupier to sign an acknowledgment stating— (a) that the occupier has been informed of the purpose of the search and that any thing seized or taken in the search with the consent of the occupier may be used in evidence in proceedings; and (b) that the occupier has been informed that he or she may refuse to give consent to the entry and search or to the seizure of any thing or to the taking of any copy of or extract from a document; and (c) that the occupier has consented to such an entry and search; and (d) the date and time that the occupier consented. S. 167(4) amended by No. 11/2016 s. 108(6). (4) If an occupier consents to the seizure or taking of any thing during a search under this section, the authorised officer or Aboriginal heritage officer must before seizing or taking the thing ask the occupier to sign an acknowledgment stating— (a) that the occupier has consented to the seizure or taking of the thing; and (b) the date and time that the occupier consented. S. 167(5) amended by No. 11/2016 s. 108(7). (5) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the authorised officer or Aboriginal heritage officer leaves the land or premises.
S. 180(3) amended by No. 11/2016 s. 121(4). (3) If the person is a body corporate, the authorised officer or Aboriginal heritage officer may require the person to give to the authorised officer or Aboriginal heritage officer the name under which the person carries on business and the address of the person's usual place of business. S. 180(4) amended by No. 11/2016 s. 121(5). (4) When requiring a person to give the information referred to in subsections (2) and (3), the authorised officer or Aboriginal heritage officer must— S. 180(4)(a) amended by No. 11/2016 s. 121(6). (a) inform the person of the grounds for the authorised officer's or Aboriginal heritage officer's suspicion in sufficient detail to allow the person to understand the nature of the offence or suspected offence; and (b) warn the person that it is an offence to refuse or fail to comply with the requirement without a reasonable excuse. (5) A person must not refuse or fail, without reasonable excuse, to comply with a requirement made under subsection (2) or (3). In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. S. 181 (Heading) amended by No. 11/2016 s. 122(1). 181 Authorised officer or Aboriginal heritage officer may require information S. 181(1) amended by No. 11/2016 s. 122(2). (1) An authorised officer or Aboriginal heritage officer who enters land or premises under this Division may— S. 181(1)(a) amended by No. 11/2016 s. 122(3). (a) require any person present on the land or premises to give the authorised officer or Aboriginal heritage officer any assistance that the authorised officer or Aboriginal
(2) The report must be in writing and include— (a) the time of the entry and departure; and (b) the purpose of the entry; and S. 184(2)(c) amended by No. 11/2016 s. 124(2). (c) a description of things done while at the place, including whether the authorised officer or Aboriginal heritage officer took photographs, or made sketches, of anything at the place; and S. 184(2)(d) amended by No. 11/2016 s. 124(3). (d) a summary of the authorised officer's or Aboriginal heritage officer's observations while at the place; and S. 184(2)(e) amended by No. 11/2016 s. 124(4). (e) the procedure for contacting the authorised officer or Aboriginal heritage officer for further details of the entry. (3) In this section, place includes land, premises and a vehicle. S. 185 (Heading) amended by No. 11/2016 s. 125(1). 185 Person must not impersonate, obstruct or hinder authorised officer or Aboriginal heritage officer S. 185(1) amended by No. 11/2016 s. 125(2). (1) A person must not knowingly impersonate an authorised officer or Aboriginal heritage officer acting in his or her official capacity. 60 penalty units, or 6 months imprisonment, or both. S. 185(2) amended by No. 11/2016 s. 125(3). (2) A person must not, without reasonable excuse, obstruct or hinder an authorised officer or Aboriginal heritage officer while the authorised officer or Aboriginal heritage officer is exercising a power or carrying out a duty or function under this Act in accordance with this Act. 120 penalty units, or 12 months imprisonment, or both.
S. 185(3) amended by No. 11/2016 s. 125(4). (3) It is a defence to a prosecution for an offence under subsection (2) if the authorised officer or Aboriginal heritage officer failed to inform the person of the existence of the offence before the authorised officer or Aboriginal heritage officer attempted to exercise the power or carry out the duty or function. 186 Who may prosecute? S. 186(1) amended by No. 37/2014 s. 10(Sch. item 1.2). (1) Subject to subsection (2), proceedings for an offence against this Act may only be taken by the Secretary or a police officer. (2) Proceedings for an indictable offence against this Act must not be commenced without the written consent of the Director of Public Prosecutions. 187 Evidence S. 187(1) amended by No. 11/2016 s. 126(1). (1) In proceedings for an offence against this Act involving the contravention of a stop order, a 24-hour stop order, an interim protection declaration or an ongoing protection declaration, the stop order, 24-hour stop order, interim protection declaration or ongoing protection declaration is evidence that the place or object in respect of which it was issued or made is an Aboriginal place or object. (2) In any proceedings for an offence against this Act— S. 187(2)(a) amended by No. 11/2016 s. 126(2). (a) a certificate signed by the Minister to the effect that a person named in the certificate is an authorised officer is evidence of that fact; (b) a certificate signed by the Minister administering the Conservation, Forests and Lands Act 1987 to the effect that land identified in the certificate is Crown land is evidence of that fact;
(b) has extensive experience or knowledge in relation to the management of Aboriginal cultural heritage. S. 189(2) amended by No. 11/2016 s. 128(4). (2) The Minister may make guidelines specifying appropriate qualifications and experience for the purposes of this section. (3) The Minister must consult with the Council before making any guidelines under this section. (4) The guidelines must be published in the Government Gazette. 190 Approval of forms (1) The Secretary may approve forms for use under this Act. (2) The Secretary must cause all approved forms to be published on the Internet site for the Department. 191 Tax and rate remissions (1) This section applies if the Minister believes on reasonable grounds that the conditions of— S. 191(1)(a) amended by No. 11/2016 s. 129. (a) a cultural heritage agreement; or (b) an ongoing protection declaration— so restrict the purposes for which a person may use land that compliance with the agreement or declaration is not economically feasible. (2) The Minister may make either or both of the following orders— (a) an order remitting the whole or any part of the land tax payable by the owner of the land under the Land Tax Act 1958; (b) an order remitting the whole or any part of any rates payable in respect of the land.