Victorian Numbered Acts Victorian Numbered Acts(1) In section 4(1) of the Aboriginal Heritage Act 2006 insert the following definitions—
" Aboriginal ancestral remains means the whole or part of the bodily remains of an Aboriginal person but does not include—
(a) a body, or the remains of a body, buried in a public cemetery that is still used for the interment of human remains; or
(b) an object made from human hair or from any other bodily material that is not readily recognisable as being bodily material; or
(c) any human tissue—
(i) dealt with or to be dealt with in accordance with the Human Tissue Act 1982 or any other law of a State, a Territory or the Commonwealth relating to medical treatment or the use of human tissue; or
(ii) otherwise lawfully removed from an Aboriginal person;
"Aboriginal Cultural Heritage Fund" means the fund established under Part 10A;
"Aboriginal cultural heritage land management agreement" means an agreement entered into under Division 1A of Part 5;
Aboriginal heritage officer means a person appointed as an Aboriginal heritage officer under Division 1A of Part 11;
Aboriginal intangible heritage has the meaning given by section 79B;
"Aboriginal intangible heritage agreement" means an agreement entered into under Part 5A;
"Aboriginal person" means a person belonging to the indigenous peoples of Australia;
authorised officer means a person appointed as an authorised officer under Division 1 of Part 11;
Catchment Management Authority means an Authority within the meaning of the Catchment and Land Protection Act 1994 ;
committee of management means a committee of management appointed under the Crown Land (Reserves) Act 1978 ;
coroner has the same meaning as in the Coroners Act 2008 ;
Department means the Department of Premier and Cabinet;
"environmental and ecological knowledge", in relation to Aboriginal tradition, includes knowledge of medicinal and other properties of flora and fauna, minerals and other elements of the environment;
Executive Director of Heritage Victoria means the Executive Director within the meaning of the Heritage Act 1995 ;
heritage advisor means a person who has the qualifications and experience, or experience or knowledge, required under section 189;
heritage place has the same meaning as in the Heritage Act 1995 ;
land use activity agreement has the same meaning as in the Traditional Owner Settlement Act 2010 ;
municipal council means a Council within the meaning of the Local Government Act 1989 ;
"Parks Victoria" has the same meaning as in the Parks Victoria Act 1998 ;
preliminary Aboriginal heritage test means a test prepared under Division 2A of Part 4;
"public cemetery" has the same meaning as in the Cemeteries and Crematoria Act 2003 ;
public land manager means any of the following—
(a) a committee of management;
(b) the Secretary to the Department of Environment, Land, Water and Planning;
(c) a municipal council;
(d) Parks Victoria;
(e) VicRoads;
(f) VicTrack;
(g) a water authority;
"registered Aboriginal intangible heritage agreement" means an Aboriginal intangible heritage agreement recorded by the Secretary in the Register;
"registered Aboriginal intangible heritage" means Aboriginal intangible heritage recorded by the Secretary in the Register;
"rehabilitate" , in relation to land, means works using hand tools—
(a) to improve the condition of the land; or
(b) to prevent degradation or erosion of the land; or
(c) to revegetate the land;
secret or sacred object includes an Aboriginal object directly associated with a traditional Aboriginal burial;
survey for Aboriginal cultural heritage means—
(a) a survey of land, other than by disturbing or excavating the land, to discover Aboriginal cultural heritage; or
(b) a survey of land for the purposes of a preliminary Aboriginal heritage test;
24-hour stop order means a 24-hour stop order issued under Division 3 of Part 6;
traditional owner has the meaning given by section 7;
university means any of the following—
(a) Australian Catholic University;
(b) Deakin University;
(c) Federation University Australia;
(d) La Trobe University;
(e) Monash University;
(f) Royal Melbourne Institute of Technology;
(g) Swinburne University of Technology;
(h) The University of Melbourne;
(i) Victoria University;
VicRoads means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010 ;
VicTrack means Victorian Rail Track established by section 8 of the Rail Corporations Act 1996 and continued under section 116 of the Transport Integration Act 2010 ;
water authority means an Authority within the meaning of the Water Act 1989 ;".
(2) In section 4(1) of the Aboriginal Heritage Act 2006 , in the definition of Aboriginal cultural heritage , for "human" substitute "ancestral".
(3) In section 4(1) of the Aboriginal Heritage Act 2006 , in the definition of Aboriginal object —
(a) in paragraph (a)(ii), for "the Aboriginal people of Victoria" substitute "Aboriginal people generally or of a particular community or group of Aboriginal people in Victoria"; and
(b) in paragraph (b)(ii), for "the Aboriginal people of Victoria" substitute " Aboriginal people generally or of a particular community or group of Aboriginal people in Victoria"; and
(c) in paragraph (d), for "human" substitute "ancestral".
(4) In section 4(1) of the Aboriginal Heritage Act 2006 , in the definition of "Aboriginal tradition"—
(a) in paragraph (a), after "traditions," insert "knowledge,"; and
(b) in paragraph (b), after "traditions," insert "knowledge,".
(5) In section 4(1) of the Aboriginal Heritage Act 2006 , for the definition of harm substitute —
""harm", in relation to Aboriginal cultural heritage, includes damage, deface, desecrate, destroy, disturb, injure or interfere with;".
(6) In section 4(1) of the Aboriginal Heritage Act 2006 , in the definition of native title agreement , after "Act" insert "that is made between a group of Aboriginal persons and the Minister on behalf of the State".
(7) In section 4(1) of the Aboriginal Heritage Act 2006 , in the definition of "sell" —
(a) in paragraph (d), for "exchange;" substitute "exchange; or"; and
(b) after paragraph (d) insert —
"(e) do anything referred to in paragraphs (a) to (d) through an online auction house;".
(8) In section 4(1) of the Aboriginal Heritage Act 2006 , in the definition of "stop order", after "under" insert "Division 2 of".
(9) In section 4(1) of the Aboriginal Heritage Act 2006 , the definitions of "Aboriginal person", Aboriginal human remains , buy , cultural heritage advisor , Department , inspector and traditional or familial links are repealed .
(10) In section 4(2) of the Aboriginal Heritage Act 2006 , for "Department for Victorian Communities" substitute "Department of Premier and Cabinet".