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ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 18
Knowledge of Aboriginal human remains
18 Knowledge of Aboriginal human remains
(1) This section applies to a person if the person— (a) knows of the
existence and location of Aboriginal human remains, but does not own the human
remains or have possession of them; and
(b) knows, or ought reasonably to
know, the human remains are, or are reasonably likely to be, Aboriginal human
remains; and
(c) knows or suspects— (i) that the chief executive does not
know of the existence of the human remains; or
(ii) that the chief executive
knows of the existence of the human remains, but does not know the human
remains are, or are reasonably likely to be, Aboriginal human remains.
(2)
The person must— (a) as soon as practicable, advise the chief executive of
the existence and location of the human remains; and
(b) give the chief
executive all details about the nature and location of the human remains the
chief executive reasonably requires.
Penalty— Maximum penalty—100
penalty units.
(3) For subsection (2) , the obligation to advise the chief
executive and to give the chief executive details must be complied with— (a)
if all the circumstances giving rise to the obligation arose before the
commencement of this section—as soon as practicable after the commencement;
or
(b) if all the circumstances giving rise to the obligation arise after the
commencement, or if the circumstances arose partly before the commencement and
arise partly after the commencement—as soon as practicable after all the
circumstances apply.
(4) For subsection (1) (c) , the chief executive is
taken to be in possession of any knowledge that was ever in the possession of
the Minister mentioned in section 35 of the repealed Act.
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