Aboriginal Heritage Act 1975
10Duties of persons owning or finding, &c., relics
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10 Duties of persons owning or finding, &c., relics
(1) Subject to subsection (2) , a person who, at the commencement of this Act –
(a) owns a relic or has a relic in his custody or under his control; or
(b) has knowledge of a relic –
shall, within 6 months after that commencement, inform the Director or an authorized officer of the fact.
(2) Without prejudice to the generality of section 25 , the regulations may exempt, or may authorize the Director to exempt –
(a) any person or class of persons from complying with subsection (1) ; and
(b) any relic or any class or kind of relics from that subsection –
either unconditionally or subject to such conditions as may be prescribed or as the Director may impose.
(3) A person shall, as soon as practicable after finding a relic, inform the Director or an authorized officer of the find.
(4) It is a defence in any proceedings for an offence under subsection (1) or subsection (3) for the defendant to show that he had reasonable grounds for believing that the Director was aware of the existence of the relic.
(5) A person who has knowledge of the place where a relic is situated shall, when so requested by an authorized officer, inform that officer of the location of that place.
(6) The Director may, by agreement with a person who owns a relic or has a relic in his custody or under his control, take such action as he considers necessary for the preservation, exhibition, study, or scientific or other investigation of the relic.
(7) [Section 10 Subsection (7) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 10 Subsection (7) substituted by No. 18 of 2017, s. 10, Applied:16 Aug 2017] A person who contravenes, or fails to comply with, any of the provisions of this section is guilty of an offence.
Penalty: In the case of –