Victorian Numbered Acts

ABORIGINAL HERITAGE AMENDMENT ACT 2016 (NO. 11 OF 2016) - SECT 20

After section 21 of the Aboriginal Heritage Act 2006 insert —

        " 21A     Ownership of secret or sacred objects after the Aboriginal Heritage Amendment Act 2016

    (1)     This section applies to an Aboriginal object that is a secret or sacred object that—

        (a)     is, on the commencement of this section, in the custody of a person (other than an Aboriginal person who is the rightful owner of the object) or, after that commencement, comes into the custody of that person; or

        (b)     on or after the commencement of this section, comes into the custody of a State entity.

    (2)     The traditional owners of an area in which the object is reasonably believed to have originated, if they are not already the owners of the object, become the owners—

        (a)     if the object was in the custody of a person (other than an Aboriginal person who is the rightful owner of the object) on the commencement of this section, on that commencement; or

        (b)     if the object was in the custody of a State entity on the commencement of this section, on that commencement; or

        (c)     in any other case, when the object comes into the custody of the person or the State entity.

    (3)     A person who has custody of an Aboriginal object that is a secret or sacred object but who is not the owner of the object must, as soon as practicable, take all reasonable steps to transfer the object into the custody of the Council.

Penalty:     In the case of a natural person, 120 penalty units;

    In the case of a body corporate, 600 penalty units.

Note

Section 187A applies to an offence against this subsection.

        21B     What must the Council do with transferred secret or sacred objects?

    (1)     If an Aboriginal object that is a secret or sacred object is transferred to the Council under section 21A, the Council must—

        (a)     transfer the object to an Aboriginal person or a registered Aboriginal party that the Council is satisfied is entitled to and willing to take possession, custody or control of the object; or

        (b)     transfer the object to the Museums Board for safekeeping; or

        (c)     otherwise deal with the object as the Council thinks appropriate.

    (2)     The Museums Board must accept for safekeeping any object transferred to the Board under subsection (1).".