Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Subsection 3(1)
Insert:
"cultural heritage" has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 , and includes sacred sites.
2 Subsection 3(1)
Insert:
"cultural heritage object" means an object that is importan t for cultural, religious, ethnological, archaeological, historical, literary, artistic, scien tific or technological reasons.
3 Subsection 15AB(1)
After "Commonwealth", insert "or the Northern Territory".
4 After s ubsection 15AB(3)
Insert :
(3 A ) Paragraph ( 1)(b) does not apply in relation to an offence against the following:
(a) section 22 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 ;
(b) sections 15A, 15C, 17B, 22A, 27A, 74AA, 142A, 142B, 207B, 354A, 355A and 470 of the Environment Protection and Biodiversity Conservation Act 1999 ;
(c) section 48 of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 ;
(d) sections 69 and 70 of the Aboriginal Land Rights (Northern Territory) Act 1976 ;
(e) section 30 of the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 ;
(f) sections 33, 34 and 35 of the Northern Territory Aboriginal Sacred Sites Act of the Northern Territory;
(g) paragraph 33(a) of the Heritage Conservation Act of the Northern Territory;
(h) section 4 of the Aboriginal Land Act of the Northern Territory;
(i) sections 111, 112 and 113 of the Heritage Act of the Northern Territory;
(j) any other law prescribed by the regulations that relates to:
(i) entering, remaining on or damaging cultural heritage; or
(ii) damaging or removing a cultural heritage object .
5 Subsection 15AB(4)
Omit " subsections ( 1) and (2)", substitute " subsections ( 1), (2) and (3A)".
6 Section 16A (heading)
Repeal the heading, substitute:
16A Matters to which court to have regard when passing sentence etc.--federal offences
7 After subsection 16A(2A)
Insert:
(2AA ) Subsection ( 2A) does not apply in relation to an offence against the following:
(a) section 22 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 ;
(b) sections 15A, 15C, 17B, 22A, 27A, 74AA, 142A, 142B, 207B, 354A, 355A and 470 of the Environment Protection and Biodiversity Conservation Act 1999 ;
(c) section 48 of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 ;
(d) sections 69 and 70 of the Aboriginal Land Rights (Northern Territory) Act 1976 ;
(e) section 30 of the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 ;
(f) any other law prescribed by the regulations that relates to:
(i) entering, remaining on or damaging cultural heritage; or
(ii) damaging or removing a cultural heritage object.
8 After section 16A
Insert:
16AA Matters to which court to have regard when passing sentence etc.--Northern Territory offences
(1) In determining the sentence to be passed, or the order to be made, in relation to any person for an offence against a law of the Northern Territory, a court must not take into account any form of customary law or cultural practice as a reason for:
(a) excusing, justifying, authorising, requiring or lessening the seriousness of the criminal behaviour to which the offence relates; or
(b) aggravating the seriousness of the criminal behaviour to which the offence relates.
(2) Subsection ( 1) does not apply in relation to an offence against the following:
(a) sections 33, 34 and 35 of the Northern Territory Aboriginal Sacred Sites Act of the Northern Territory;
(b) paragraph 33(a) of the Heritage Conservation Act of the Northern Territory;
(c) section 4 of the Aboriginal Land Act of the Northern Territory;
(d) sections 111, 112 and 113 of the Heritage Act of the Northern Territory;
(e) any other law prescribed by the regulations that relates to:
(i) entering, remaining on or damaging cultural heritage; or
(ii) damaging or removing a cultural heritage object.
(3) In subsection ( 1):
"criminal behaviour" includes:
(a) any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and
(b) any fault element relating to such a physical element.
9 Application of amendments
(1) The amendments made by items 1, 2, 3 , 4 and 5 of this Schedule apply to a proceeding relating to bail that:
(a) is initiated on or after commencement; and
(b) is not an appeal against a decision of a bail authority that was made before commencement.
(2) The amendments made by items 1, 2, 7 and 8 of this Schedule apply to a proceeding relating to sentencing that:
(a) is initiated on or after commencement; and
(b) is not an appeal against a sentence that was imposed before commencement.