Victorian Numbered Acts

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ABORIGINAL HERITAGE AMENDMENT ACT 2016 (NO. 11 OF 2016) - SECT 7

Substitution of section 7

For section 7 of the Aboriginal Heritage Act 2006 substitute

        "     7     Traditional owners

    (1)     For the purposes of this Act, a person is a traditional owner of an area if—

        (a)     the person is an Aboriginal person with particular knowledge about traditions, observances, customs or beliefs associated with the area; and

        (b)     the person—

              (i)     has responsibility under Aboriginal tradition for significant Aboriginal places located in, or significant Aboriginal objects originating from, the area; or

              (ii)     is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for significant Aboriginal places located in, or significant Aboriginal objects originating from, the area.

    (2)     For the purposes of this Act, a person is a traditional owner of Aboriginal ancestral remains if the person is an Aboriginal person who—

        (a)     has responsibility under Aboriginal tradition for the remains; and

        (b)     is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for the remains.

    (3)     For the purposes of this Act, a person is a traditional owner of a secret or sacred object if the person is an Aboriginal person who—

        (a)     has responsibility under Aboriginal tradition for the object; and

        (b)     is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for the object.".



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