Victorian Numbered Acts

ABORIGINAL HERITAGE ACT 2006 (NO 16 OF 2006) - SCHEDULE 1

SCHEDULE 1

Sch. 1

Section 196

SAVING AND TRANSITIONAL PROVISIONS

        1.     Definitions

In this Schedule—

"commencement day" means the day on which section 195 of this Act comes into operation;

"Commonwealth Act" means the Aboriginal and Torres Strait Islander Heritage Preservation Act 1984 of the Commonwealth as in force immediately before the commencement day;

"old Act" means the Archaeological and Aboriginal Relics Preservation Act 1972 .

        2.     Application of Interpretation of Legislation Act 1984

Except where the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .

        3.     Continuation of old Act and regulations

If a provision of the old Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to that provision—

        (a)     any other provision of the old Act necessary to give effect to that continued provision; and

        (b)     any regulation made under the old Act for the purposes of that continued provision.

        4.     Superseded references

On and from the commencement day, in any Act (other than this Act or a provision of the old Act continued by this Act), or in any instrument made under any Act or in any other document of any kind—

        (a)     a reference to the old Act is deemed to be a reference to the Aboriginal Heritage Act 2006 ; and

        (b)     a reference to an archaeological relic or relic within the meaning of the old Act is deemed to be a reference to an Aboriginal object—

so far as it relates to any period on and from the commencement day, unless the context otherwise requires.

        5.     Reports of discovery of Aboriginal human remains

Without limiting section 17(4), it is also a defence to proceedings under section 17(3) if the person had reasonable cause to believe that a report had been made under section 21P of the Commonwealth Act in relation to the Aboriginal human remains.

        6.     Permits and consents

    (1)     A reference in section 29 to a cultural heritage permit includes a reference to the following—
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        (a)     a consent granted under section 21U(4) or 21U(5) of the Commonwealth Act and existing immediately before the commencement day;

        (b)     a consent granted by the Minister under section 21 of the old Act and existing immediately before the commencement day.

    (2)     A reference in section 33 to a cultural heritage permit includes a reference to a consent to possess granted under section 26A of the old Act and existing immediately before the commencement day.

    (3)     A reference in section 34 to a cultural heritage permit includes a reference to a consent granted under section 22 or 26A of the old Act and existing immediately before the commencement day.

        7.     Cultural heritage agreements

    A reference in section 33 to a cultural heritage agreement includes a reference to an Aboriginal Cultural Heritage Agreement made under section 21K of the Commonwealth Act and existing immediately before the commencement day.

        8.     Interim protection declarations

    Section 100 does not apply to the making of the first interim protection declaration under this Act in respect of a place or object if—

        (a)     immediately before the commencement day there was a temporary declaration of preservation in force under section 21D of the Commonwealth Act in respect of the place or object; and

        (b)     the interim protection declaration is in the same or similar terms as the temporary declaration of preservation.

        9.     Ongoing protection declarations

    Section 106 does not apply to the making of an ongoing protection declaration under this Act in respect of a place or object if—

        (a)     immediately before the commencement day there was a declaration of preservation in force under section 21E of the Commonwealth Act in respect of the place or object; and

        (b)     the ongoing protection declaration is in the same or similar terms as the declaration of preservation.
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        10.     Seizure of things

Section 31 of the old Act continues to apply to any relic seized under that section and detained immediately before the commencement day as if the old Act had not been repealed.

        11.     Savings and transitional regulations

    (1)     The regulations may contain provisions of a savings and transitional nature consequent on the enactment of this Act.

    (2)     A provision mentioned in sub-clause (1) may be made retrospective in operation to a day on or after the commencement day.

    (3)     A provision referred to in sub-clause (1) has effect despite anything to the contrary in any Act (other than this Schedule) or subordinate instrument.

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