Commonwealth Consolidated Acts

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Discovery of certain underwater cultural heritage must be notified

  (1)   This section applies if:

  (a)   a person finds an article of underwater cultural heritage; and

  (b)   the artic le is in Australian waters ; and

  ( c )   the article appears to be of an archaeological character .

  (2)   T he person must give a written notice to the Minister, setting out :

  (a)   a description of the article ; and

  (b)   a description of the place where the article is situated that is sufficient to enable the article to be located;

within 21 days after the person finds the article.

  ( 3 )   A person contravenes this subsection if:

  (a)   the person is subject to a requirement under subsection   ( 2 ); and

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

  (4)   Subsection   ( 3) does not apply if a notice relating to the article has already been given under subsection   ( 2).

Note:   A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection   ( see subsection   13.3.(3) of the Criminal Code and section   96 of the Regulatory Powers Act).

  ( 5 )   A person commits an offence if the person contravenes subsection   ( 3 ).

Penalty:   120 penalty units .

  ( 6 )   A person is liable to a civil penalty if the person contravenes subsection   ( 3) .

Civil penalty:   120 penalty units .

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