QLDIn ForceAct
Aboriginal Cultural Heritage Act 2003
sec.19Ownership and custody of secret or sacred object
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### sec.19 Ownership and custody of secret or sacred object
This section applies to an object that is Aboriginal cultural heritage if—
the object is a secret or sacred object; and
a ceremonial item
the object is, immediately before the commencement of this section, in the custody of an entity that represents or is the State, or after the commencement comes into the custody of an entity that represents or is the State.
The Aboriginal people who have a traditional or familial link with the object, if they are not already the owners, become the owners of the object—
if the object was in the custody of the entity immediately before the commencement of this section—on the commencement; or
otherwise—when the object comes into the custody of the entity.
The persons who own the object may at any time ask the entity—
to continue to be the custodian of the object; or
to return the object to them.
If the entity is satisfied the persons making the request under subsection (3) are the owners of the object, the entity must comply with the request to the greatest practicable extent.
The persons who own the object are not limited to making only 1 request under subsection (3) .
The owners could ask for the Queensland Museum to continue its custody of an object while they make suitable arrangements for dealing with the object, at which time they could ask for the object to be returned to them.
(sec.19-ssec.1) This section applies to an object that is Aboriginal cultural heritage if— the object is a secret or sacred object; and a ceremonial item the object is, immediately before the commencement of this section, in the custody of an entity that represents or is the State, or after the commencement comes into the custody of an entity that represents or is the State.
(sec.19-ssec.2) The Aboriginal people who have a traditional or familial link with the object, if they are not already the owners, become the owners of the object— if the object was in the custody of the entity immediately before the commencement of this section—on the commencement; or otherwise—when the object comes into the custody of the entity.
(sec.19-ssec.3) The persons who own the object may at any time ask the entity— to continue to be the custodian of the object; or to return the object to them.
(sec.19-ssec.4) If the entity is satisfied the persons making the request under subsection (3) are the owners of the object, the entity must comply with the request to the greatest practicable extent.
(sec.19-ssec.5) The persons who own the object are not limited to making only 1 request under subsection (3) . The owners could ask for the Queensland Museum to continue its custody of an object while they make suitable arrangements for dealing with the object, at which time they could ask for the object to be returned to them.
- (a) the object is a secret or sacred object; and Example of secret or sacred object— a ceremonial item
- (b) the object is, immediately before the commencement of this section, in the custody of an entity that represents or is the State, or after the commencement comes into the custody of an entity that represents or is the State.
- (a) if the object was in the custody of the entity immediately before the commencement of this section—on the commencement; or
- (b) otherwise—when the object comes into the custody of the entity.
- (a) to continue to be the custodian of the object; or
- (b) to return the object to them.