Victorian Numbered Acts Victorian Numbered ActsAfter Division 2 of Part 6 of the Aboriginal Heritage Act 2006 insert —
" Division 3—24-hour stop orders
(1) An authorised officer or an Aboriginal heritage officer may issue a 24-hour stop order to a person if—
(a) the person is carrying out, or proposes to carry out, an act; and
(b) the authorised officer or Aboriginal heritage officer is satisfied that there are reasonable grounds for believing that the carrying out of the act is harming, or is likely to harm, Aboriginal cultural heritage; and
(c) the authorised officer or Aboriginal heritage officer is satisfied that there are reasonable grounds for believing that the Aboriginal cultural heritage could not be properly protected unless a 24-hour stop order is issued.
(2) An authorised officer or an Aboriginal heritage officer must not issue a 24-hour stop order to a person in relation to an act that is being carried out or is proposed to be carried out in accordance with any of the following—
(a) a cultural heritage permit; or
(b) an approved cultural heritage management plan; or
(c) an Aboriginal cultural heritage land management agreement.
(3) A 24-hour stop order must be in the approved form.
(4) A 24-hour stop order issued to a person may—
(a) require the person to stop immediately the act specified in the order; or
(b) prohibit the person from doing the act specified in the order.
(5) A 24-hour stop order must be delivered to the person to whom it applies—
(a) in person; or
(b) if it is not reasonably practicable to deliver it in person, by affixing it to a prominent position at the place where the act is being carried out or is to be carried out; or
(c) if the person is a body corporate, by giving it to the person apparently supervising or in charge of the act to which the order relates.
(6) An authorised officer or an Aboriginal heritage officer may enter any land or premises at any time for the purpose of delivering a 24-hour stop order in accordance with this section.
(7) A 24-hour stop order operates from the time it is issued for a period of 24 hours.
(8) An authorised officer or an Aboriginal heritage officer must not issue consecutive 24-hour stop orders to a person in relation to the same act.
(1) An authorised officer or an Aboriginal heritage officer who issues a 24-hour stop order may cancel the 24-hour stop order.
(2) Notice of cancellation of a 24-hour stop order must be served on the person affected.
(3) A 24-hour stop order that has been issued to a person by an authorised officer or an Aboriginal heritage officer and that is in operation is cancelled if the Minister or an authorised officer issues a stop order to the person under section 87 in relation to the same act.
(1) A person issued with a 24-hour stop order must not engage in any conduct that the person knows is conduct that contravenes the stop order.
Penalty: In the case of a natural person, 1800 penalty units;
In the case of a body corporate, 10 000 penalty units.
Note
Section 187A applies to an offence against this subsection.
(2) An offence under this section is an indictable offence.
Note
The provisions of Division 12 of Part I of the Crimes Act 1958 (which deal with attempts) apply to indictable offences against this Act.".