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Aboriginal Law Bulletin (ALB)
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Lyons, Greg --- "Sale of Relics: Prosecution Fails" [1982] AboriginalLawB 40; (1982) 1(4) Aboriginal Law Bulletin 15


Sale of Relics: Prosecution Fails

by Greg Lyons

On 21 May at Melbourne Magistrates' Court, Mr Bolton S.M. dismissed a charge brought under the Victorian Archaeological and Aboriginal Relics Preservation Act 1972. The charge was brought by the Director of Conservation against J.L. Sala Pty Ltd, a company operating tourist shops in Melbourne.

The charge alleged that an Aboriginal fighting boomerang and two sacred boards had been offered for sale in breach of s.27 of the Act. The section states:

(1) A person shall be guilty of an offence against this Act in picking up or collecting a portable relic exposed in or upon the surface of land.

(2) ...

(3) No such portable relic shall be bought or sold without the consent in writing of the Director of Conservation.

Mr David Clark, an inspector with the Victorian Archaeological Survey, told the Court the objects were on display at the rear of the shop in question with prices marked at $225 and $250. It was not disputed that the Company had not obtained the written consent of the Director before offering the articles for sale.

The Magistrate dismissed the charge, holding that while the objects were 'relics' within the meaning of the Act, it had not been established that they were relics that had originally been 'exposed in or upon the surface of land' (s.27(1) and 'No such portable relic ...' in s.27(3)). It is understood that representations will be made to have the legislation amended so that an apparent loophole is closed. (The sacred boards are carved objects used in ceremonies, in this case by people from the Central Western Desert area}


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