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HERITAGE (AMENDMENT) BILL 2003

                                                                     PARLIAMENT OF VICTORIA

                                                                   Heritage (Amendment) Act 2003
Victorian Legislation and Parliamentary Documents




                                                                                        Act No.


                                                                           TABLE OF PROVISIONS
                                                    Clause                                                                      Page

                                                    PART 1--PRELIMINARY                                                              1
                                                      1.     Purposes                                                                1
                                                      2.     Commencement                                                            2
                                                      3.     Principal Act                                                           2

                                                    PART 2--AMENDMENTS TO THE HERITAGE ACT 1995                                      3
                                                      4.     National Trust entitled to notice                                      3
                                                      5.     Amendments to penalty provisions                                       3
                                                      6.     Certain activities prohibited                                          4
                                                      7.     Prohibition of certain activities in relation to historic shipwrecks
                                                             and historic shipwreck relics                                          4
                                                      8.     New sections 150E, 150F and 150G inserted                              4
                                                             150E. Court order for entry to residence                               4
                                                             150F. Announcement before entry of residence using order               6
                                                             150G. Powers on entry using order                                      6
                                                      9.     Failure to comply with order under section 162                         7
                                                      10.    Prosecution of offences                                                7
                                                      11.    New section 183A inserted                                              7
                                                             183A. Powers of court with respect to contravention                    7
                                                      12.    New Division 6 of Part 10 inserted                                     8
                                                             Division 6--Transitional Provisions arising from Heritage
                                                             (Amendment) Act 2003                                                    8
                                                             213B. Application of amendments made by the Heritage
                                                                                                                                     8
                                                                      (Amendment) Act 2003
                                                      13.    Statute law revision                                                    9

                                                    PART 3--AMENDMENTS TO THE MAGISTRATES' COURT
                                                    ACT 1989                                                                        10
                                                      14.    Amendment to Schedule 4 to the Magistrates' Court Act 1989             10
                                                                             

                                                    ENDNOTES                                                                        11




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                                                    551084B.I1-27/8/2003                              BILL LA CIRCULATION 27/8/2003

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 26 August 2003 Victorian Legislation and Parliamentary Documents A BILL to amend the Heritage Act 1995 and the Magistrates' Court Act 1989 and for other purposes. Heritage (Amendment) Act 2003 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The main purposes of this Act are-- (a) to amend the Heritage Act 1995-- 5 (i) to increase penalties for certain offences under that Act; and 551084B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003 1

 


 

Heritage (Amendment) Act 2003 Act No. Part 1--Preliminary s. 2 (ii) to give the court a power to make any order it considers appropriate to remedy or restrain a breach of the Act if a Victorian Legislation and Parliamentary Documents person is found guilty or convicted of 5 an offence under that Act; and (iii) to give the Magistrates' Court the power to make an order permitting entry to a residence, for the purpose of investigating its cultural heritage 10 significance, if the residence is unoccupied or if entry has been refused by the occupier; (b) to make further provision in the Magistrates' Court Act 1989 to enable 15 certain indictable offences under the Heritage Act 1995 to be tried in the Magistrates' Court. 2. Commencement This Act comes into operation on the day after the 20 day on which it receives the Royal Assent. 3. Principal Act See: In this Act the Heritage Act 1995 is called the Act No. Principal Act. 93/1995. Reprint No. 3 as at 1 April 2001 and amending Act Nos 11/2001 and 11/2002. LawToday: www.dms. dpc.vic. gov.au __________________ 2 551084B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

 


 

Heritage (Amendment) Act 2003 Act No. Part 2--Amendments to the Heritage Act 1995 s. 4 PART 2--AMENDMENTS TO THE HERITAGE ACT 1995 Victorian Legislation and Parliamentary Documents 4. National Trust entitled to notice In section 78A of the Principal Act, for "78(3)" substitute "78(4)". 5 5. Amendments to penalty provisions (1) In section 124(3) of the Principal Act-- (a) for "20 penalty units" substitute "60 penalty units"; and (b) for "40 penalty units" substitute 10 "120 penalty units". (2) In sections 36(13), 59(1), 107(1), 107(2), 107(3), 108(2), 112(1), 115(1), 115(3), 115(5), 128, 130(2), 131(1), 132(1), 132(2), 133(3) and 134(1) of the Principal Act-- 15 (a) for "50 penalty units" substitute "120 penalty units"; and (b) for "100 penalty units" substitute "240 penalty units". (3) In section 129(5) of the Principal Act-- 20 (a) for "50 penalty units" substitute "240 penalty units"; and (b) for "100 penalty units" substitute "480 penalty units". (4) In sections 109(4), 110(1), 111(6) and 113(7) of 25 the Principal Act-- (a) for "100 penalty units" substitute "240 penalty units"; and (b) for "200 penalty units" substitute "480 penalty units". 3 551084B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

 


 

Heritage (Amendment) Act 2003 Act No. Part 2--Amendments to the Heritage Act 1995 s. 6 (5) In sections 127(1) and 127(2) of the Principal Act-- Victorian Legislation and Parliamentary Documents (a) for "120 penalty units" substitute "600 penalty units"; and 5 (b) for "240 penalty units" substitute "1200 penalty units". (6) In sections 64(1), 64(2), 64(3), 111(1) and 164 of the Principal Act-- (a) for "1500 penalty units" substitute 10 "2400 penalty units"; and (b) for "3000 penalty units" substitute "4800 penalty units". 6. Certain activities prohibited After section 64(4) of the Principal Act insert-- 15 "(5) An offence against sub-section (1), (2) or (3) is an indictable offence.". 7. Prohibition of certain activities in relation to historic shipwrecks and historic shipwreck relics After section 111(1) of the Principal Act insert-- 20 "(1A) An offence against sub-section (1) is an indictable offence.". 8. New sections 150E, 150F and 150G inserted After section 150D of the Principal Act insert-- '150E. Court order for entry to residence 25 (1) An inspector or a person authorised by the Heritage Council ("authorised person") may apply to a magistrate for an order permitting entry to a residence, other than a registered place, for the purpose of 30 investigating its cultural heritage significance if-- 4 551084B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

 


 

Heritage (Amendment) Act 2003 Act No. Part 2--Amendments to the Heritage Act 1995 s. 8 (a) the occupier of the residence refuses to give written consent to entry under section 150(2); or Victorian Legislation and Parliamentary Documents (b) after reasonable efforts have been made 5 by the inspector or authorised person to locate the occupier, the inspector or authorised person is satisfied the residence is unoccupied. (2) The inspector or authorised person must 10 serve a copy of an application under sub- section (1)(a) on the occupier of the residence, not later than 14 days before the day for hearing the application. (3) The magistrate may make an order under this 15 section if the magistrate is satisfied-- (a) by evidence on oath, whether oral or by affidavit, of the matters set out in sub- section (1); and (b) that entry is warranted in all the 20 circumstances. (4) An order under this section-- (a) must state a day, not later than 28 days after the making of the order, on which the order ceases to have effect; and 25 (b) may authorise an inspector or authorised person named in the order and any assistants the inspector or authorised person considers necessary to enter the residence described in the 30 order. (5) An order made under this section has effect and may be enforced as if it were an order or judgment made by the Magistrates' Court under the Magistrates' Court Act 1989. 5 551084B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

 


 

Heritage (Amendment) Act 2003 Act No. Part 2--Amendments to the Heritage Act 1995 s. 8 (6) In this section, "residence" means a building or part of a building ordinarily used as a residence. Victorian Legislation and Parliamentary Documents 150F. Announcement before entry of residence 5 using order (1) Before attempting to enter a residence under an order under section 150E, the inspector or authorised person, or a person assisting the inspector or authorised person-- 10 (a) must announce that he or she is authorised by the order to enter the residence; and (b) give any person at the residence an opportunity to allow entry to the 15 residence. (2) If the occupier or another person who apparently represents the occupier is present at a residence when the inspector or authorised person enters it under an order 20 under section 150E, the inspector or authorised person must-- (a) identify himself or herself to that person by producing for inspection-- (i) his or her identity card in the case 25 of an inspector; or (ii) the authorisation of the Heritage Council in the case of an authorised person; and (b) give to that person a copy of the order. 30 150G. Powers on entry using order An inspector or authorised person, or a person assisting the inspector or authorised person, acting in accordance with an order under section 150E may-- 6 551084B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

 


 

Heritage (Amendment) Act 2003 Act No. Part 2--Amendments to the Heritage Act 1995 s. 9 (a) take photographs (including video recordings); and Victorian Legislation and Parliamentary Documents (b) make measurements and sketches; and (c) use any other means of recording 5 information necessary for the purposes of this Act.'. 9. Failure to comply with order under section 162 At the end of section 164 of the Principal Act insert-- 10 "(2) An offence against sub-section (1) is an indictable offence.". 10. Prosecution of offences At the end of section 175 of the Principal Act insert-- 15 "(2) This section does not apply to any indictable offence under this Act.". 11. New section 183A inserted After section 183 of the Principal Act insert-- "183A. Powers of court with respect to 20 contravention (1) If, in proceedings for an offence under this Act, a person is found guilty or convicted of that offence, the court may make any order that it considers appropriate to remedy or 25 restrain the contravention that constitutes the offence. (2) Without limiting the powers of the court under sub-section (1), an order made under that sub-section may-- 7 551084B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

 


 

Heritage (Amendment) Act 2003 Act No. Part 2--Amendments to the Heritage Act 1995 s. 12 (a) if the contravention constituting the offence comprises the construction of a building or the carrying out of works, Victorian Legislation and Parliamentary Documents require the demolition or removal of the 5 building or works; or (b) if the contravention constituting the offence has the effect of altering the appearance or physical nature of a place or the state of land on which there is a 10 registered place or registered object, require the restoration or reinstatement, so far as is possible, of the place or object to the condition it was in immediately before the contravention. 15 (3) An order made under this section may be enforced in the court by which it was made by any means available to that court of enforcing an order made by it in a civil proceeding. 20 (4) This section does not affect the operation of section 168.". 12. New Division 6 of Part 10 inserted After Division 5 of Part 10 of the Principal Act insert-- 25 "Division 6--Transitional Provisions arising from Heritage (Amendment) Act 2003 213B. Application of amendments made by the Heritage (Amendment) Act 2003 (1) Sections 64(5), 111(1A) and 164(2) only 30 apply to offences alleged to have been committed on or after the commencement of the Heritage (Amendment) Act 2003. 8 551084B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

 


 

Heritage (Amendment) Act 2003 Act No. Part 2--Amendments to the Heritage Act 1995 s. 13 (2) For the purposes of sub-section (1), if an offence is alleged to have been committed between two dates, one before and one after Victorian Legislation and Parliamentary Documents the commencement of the Heritage 5 (Amendment) Act 2003, the offence is alleged to have been committed before that commencement.". 13. Statute law revision (1) Part 11 of the Principal Act is repealed. 10 (2) Schedule 2 to the Principal Act is repealed. __________________ 9 551084B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

 


 

Heritage (Amendment) Act 2003 Act No. Part 3--Amendments to the Magistrates' Court Act 1989 s. 14 PART 3--AMENDMENTS TO THE MAGISTRATES' COURT ACT 1989 Victorian Legislation and Parliamentary Documents 14. Amendment to Schedule 4 to the Magistrates' Court Act 1989 5 See: In item 61 of Schedule 4 to the Magistrates' Act No. Court Act 1989, for "Part 5" substitute "Part 4, 51/1989. Reprint No. 9 Part 5 and Part 8". as at 7 May 2003 and amending Act Nos 27/2002, 28/2003, 39/2003 and 52/2003. LawToday: www.dms. dpc.vic. gov.au 10 551084B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

 


 

Heritage (Amendment) Act 2003 Act No. Endnotes ENDNOTES Victorian Legislation and Parliamentary Documents By Authority. Government Printer for the State of Victoria. 11 551084B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

 


 

 


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