New South Wales Consolidated Acts

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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 85A

Transfer of Aboriginal objects

85A Transfer of Aboriginal objects

(1) The Secretary may, despite any other provision of this Act, dispose of Aboriginal objects that are the property of the Crown--
(a) by returning the Aboriginal objects to an Aboriginal owner or Aboriginal owners entitled to, and willing to accept possession, custody or control of the Aboriginal objects in accordance with Aboriginal tradition, or
(b) by otherwise dealing with the Aboriginal objects in accordance with any reasonable directions of an Aboriginal owner or Aboriginal owners referred to in paragraph (a), or
(c) if there is or are no such Aboriginal owner or Aboriginal owners--by transferring the Aboriginal objects to a person, or a person of a class, prescribed by the regulations for safekeeping.
(2) Nothing in this section is taken to limit the right of an Aboriginal owner or Aboriginal owners accepting possession, custody or control of any Aboriginal object pursuant to this section to deal with the Aboriginal object in accordance with Aboriginal tradition.
(3) The regulations may make provision as to the manner in which any dispute concerning the entitlement of an Aboriginal owner or Aboriginal owners to possession, custody or control of Aboriginal objects for the purposes of this section is to be resolved.



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