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ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 26
Unlawful possession of Aboriginal cultural heritage
(1) A person must not have in the person’s possession an object that is
Aboriginal cultural heritage if the person knows or ought reasonably to know
that the object is Aboriginal cultural heritage Penalty— Maximum
penalty— (a) for an individual—1,000 penalty units;
(b) for a
corporation—10,000 penalty units.
(2) A person who has in the person’s
possession an object that is Aboriginal cultural heritage does not commit an
offence under subsection (1) if— (a) the person is acting— (i) under the
authority of another provision of this Act that applies to the object; or
(ii) under an approved cultural heritage management plan that applies to the
object; or
(iii) under a native title agreement or another agreement with an
Aboriginal party, unless the object is expressly excluded from being subject
to the agreement; or
(iv) in compliance with cultural heritage duty of care
guidelines; or
(v) in compliance with the cultural heritage duty of care; or
(vi) in compliance with native title protection conditions, but only if the
object is expressly or impliedly the subject of the conditions; or
(b) the
person owns the object, or is acting with the owner’s agreement; or
(c) the
person’s possession of the object is necessary because of an emergency,
including for example, a bushfire or other natural disaster.
(3) For
subsection (1) , it does not matter whether the circumstances of the
person’s knowledge arose before the commencement of this section, or arise
after the commencement, or arose partly before the commencement and arise
partly after the commencement.
(4) This section does not apply to Aboriginal
human remains.
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