Western Australian Current Acts Western Australian Current Acts (1) Where an object
has been classified as Aboriginal cultural material and it is an object to
which this Act applies which in the opinion of the Minister has been obtained
in a manner contrary to this Act, the property in and the right to possession
of that object, irrespective of where the object is or may be found or
situated, shall be vested in the Minister on behalf of the Crown in any case
where the Registrar serves notice in writing to that effect on the person then
having the apparent custody of that object and on any person known to the
Registrar as claiming possession.
(2) Where a notice
vesting the property in and right to possession of an object in the Minister
on behalf of the Crown has been served on any person having the custody of the
object that person shall forthwith deliver up the object to which the notice
relates to the Registrar, and no action lies against any person in respect of
a delivery effected in good faith under this section pursuant to the exercise,
or purported exercise, by the Registrar of the powers hereby conferred.
(3) A person on whom a
notice has been served under this section or any person aggrieved by that
notice may apply to the State Administrative Tribunal for a review of the
decision of the Minister.
[(4) deleted]
(5) A person who fails
to comply with the terms of a notice served by the Registrar under this
section, in any case where no application was made for a review of the
decision of the Minister or where such an application was made but the notice
was not set aside at the hearing of the application, commits an offence.
[(6) deleted]
(7) For the purposes
of any proceedings under this Act it is hereby declared —
(a) that
an object shall be deemed to have been lawfully in the possession of a person
prior to the day of the coming into operation of this Act if, before that day,
he had reduced the object to his possession and was on that day exercising
complete control of the use and physical location of the object; and
(b) that
an object shall not be regarded as having been lawfully in the possession of a
person prior to the day of the coming into operation of this Act by reason
only of the fact that, on that day, it was in or on land or premises owned or
occupied by him.
[Section 46 amended: No. 24 of 1995 s. 40; No. 55
of 2004 s. 7.]