Australian Capital Territory Numbered Acts

HERITAGE OBJECTS ACT 1991 (NO. 101 OF 1991) - SECT 44

44. (1) Where, in the Minister's opinion, the public disclosure of particular information about the location or nature of an Aboriginal object would be likely to have a significant adverse effect on—

        (a)     Aboriginal tradition; or

        (b)     the heritage significance of the object;

the Minister shall, in writing, declare that information to be restricted information for the purposes of this Act.

(2) The Minister shall not make a declaration under subsection (1) without first consulting with, and considering the views of—

        (a)     the Heritage Council; and

        (b)     any relevant Aboriginal organisation;

about the relevant information.

(3) The Minister shall give a copy of a declaration under subsection (1) to—

        (a)     the lessee and the occupier of any land, and the owner and the possessor of any object, in relation to which the declaration is given;

        (b)     the Heritage Council; and

        (c)     any relevant Aboriginal organisation.

(4) A copy of a declaration given to a person under paragraph (3) (a) shall be accompanied by—

        (a)     a statement in the prescribed form of the effect of the declaration;

        (b)     a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , the person may apply to the Tribunal for a review of the decision of the Minister to make the declaration; and

        (c)     except where subsection 26 (11) of that Act applies—a statement to the effect that the person may request a statement pursuant to section 26 of that Act.

(5) The validity of a decision of the Minister to make a declaration under subsection (1) is not affected by a failure to comply with subsections (2), (3) and (4).