Commonwealth Consolidated Acts

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UNDERWATER CULTURAL HERITAGE ACT 2018 - SECT 39

Minister may give direc tions about c ustody etc. of protected underwater cultural heritage

  (1)   If a person has possession, custody or control of an article of protected underwater cultural heritage, the Minister may, by written notice, direct the person to take such action in relation to the article as is specified in the notice.

  (2)   The Minister may give a notice under subsection   ( 1) only if the Minister is satisfied that it is reasonably necessary to do so for the purposes of any of the following:

  (a)   preserv ing the article;

  (b)   placing the article with a collection of articles that has been, or is to be, established;

  (c)   exhibiting, or providing access to, the article.

  (3)   Without limiting subsection   ( 1), the action that a person may be directed to take in relation to an article includes:

  (a)   keeping the article in a specified manner or place; and

  (b)   removing the article to a specified place within a specified period; and

  (c)   doing a particular act in relation to the article that is designed to assist in the preservation of the article within a specified period; and

  (d)   delivering the article into the custody of a specified person within a specified period.

  (4)   The notice must state that the person may, instead of taking the action specified in the notice, deliver the article within a specified period into the custody of a person specified in the notice.

  ( 5 )   A person contravenes this subsection if:

  (a)   the person is given a direction under subsection   ( 1 ); and

  (b)   the person fails to comply with the direction .

  ( 6)   A person commits an offence if the person contravenes subsection   ( 5 ).

Penalty:   120 penalty units .

  (7 )   A person commits an offence of strict liability if the person contravenes subsection   ( 5 ).

Penalty:   60 penalty units .

  (8 )   A person is liable to a civil penalty if the person contravenes subsection   ( 5 ).

Civil penalty:   120 penalty units .

  (9 )   A civil action does not lie against a person in respect of any action taken by the person in accordance with a direction given to the person under subsection   ( 1).


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