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Aboriginal Heritage Act 1988
Div 5Protection of traditions
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Division 5—Protection of traditions
35—Divulging information contrary to Aboriginal tradition
(1) Except as authorised or required by this Act, a person must not, in contravention of Aboriginal tradition, divulge information relating to—
(b) Aboriginal tradition.
Maximum penalty: $250 000 or imprisonment for 2 years or both.
(2) Such information may be divulged with the authority of the Minister.
36—Access to land by Aboriginal people
(1) The Minister may authorise an Aboriginal person or group of Aboriginal persons to enter any land (including private land) for the purpose of gaining access to an Aboriginal site, object or remains.
(2) Before giving an authorisation under this section, the Minister must allow the owner and occupier (if any) of the land a reasonable opportunity to make representations on the question of whether the authorisation should be given and if so, subject to what conditions.
(3) Where the Minister gives an authorisation under this section, the Minister must as soon as practicable notify the owner and occupier (if any) of the land of the conditions of the authorisation.
(4) A person must not, without reasonable excuse, hinder or obstruct a person acting pursuant to an authorisation under this section.
37—Preservation of right to act according to tradition
Nothing in this Act prevents Aboriginal people from doing anything in relation to Aboriginal sites, objects or remains in accordance with Aboriginal tradition.