Part 4Miscellaneous

Part 4—Miscellaneous 37E—Applications under Act An application under this Act must— (a) be made in a manner and form determined by— (i) in the case of an application made to the Committee—the Committee; or (ii) in any other case—the Minister; and (b) include such information and documents as the Minister or the Committee (as the case requires) may reasonably require; and (c) be accompanied by the prescribed fee. 38—Interference with signs A person must not damage or interfere with a sign erected pursuant to this Act. Maximum penalty: $10 000. 39—Service A notice or other document required or authorised to be given under this Act may be given personally or sent by post. 41—Vicarious liability (1) Where an employee or agent acting in the course of his or her employment or agency commits an offence against this Act, the employer or principal is also guilty of an offence and liable to the same penalty as is prescribed for the principal offence. (2) Where a body corporate commits a prescribed offence, each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty applicable to the principal offence when committed by a natural person unless it is proved that the member could not by the exercise of reasonable diligence have prevented the commission of that offence. (3) In this section— prescribed offence means— (a) an offence against Part 3 (other than an offence against section 20(4), 22(5), 24(10), 32(3) or 36(4)); or (b) an offence against subsection (1) that relates to such an offence. 42—Failure to consult etc traditional owners No person other than a traditional owner is entitled to call into question the validity of an act or determination of the Minister on the ground that there has been a failure to comply with a requirement of this Act as to consultation with traditional owners, or as to the obtaining of approval from, or the stipulation of conditions by, traditional owners. 43—Evidence (1) In any proceedings a document apparently signed by the Minister certifying a matter relating to— (a) an entry in the Register of Aboriginal Sites and Objects; or (b) a direction or determination made or an authorisation given under this Act; or (c) the appointment of an inspector; or (d) the delegation of a power or function by the Minister under this Act, constitutes, in the absence of proof to the contrary, proof of the matter certified. (2) In any legal proceedings, an apparently genuine document appearing to be a copy of an Aboriginal heritage agreement certified by the Minister, is, in the absence of proof to the contrary, proof of the agreement and its terms. 45—Commencement of prosecutions (1) A prosecution for a summary offence against this Act— (a) in relation to an Aboriginal site, object or remains located on or partly on the lands vested in Maralinga Tjarutja pursuant to the Maralinga Tjarutja Land Rights Act 1984 must not be commenced except— (i) by a person authorised by the Minister with the approval of Maralinga Tjarutja; or (ii) by Maralinga Tjarutja or a person authorised by Maralinga Tjarutja; (b) in relation to an Aboriginal site, object or remains located on or partly on the lands vested in Anangu Pitjantjatjara pursuant to the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 must not be commenced except— (i) by a person authorised by the Minister with the approval of Anangu Pitjantjatjara; or (ii) by Anangu Pitjantjatjara or a person authorised by Anangu Pitjantjatjara; (c) in relation to an Aboriginal site, object or remains located on or partly on the lands vested in the Aboriginal Lands Trust pursuant to the Aboriginal Lands Trust Act 1966 or the Aboriginal Lands Trust Act 2013 must not be commenced except— (i) by a person authorised by the Minister with the approval of the Aboriginal Lands Trust; or (ii) by the Aboriginal Lands Trust or a person authorised by the Trust; (d) in relation to any other Aboriginal site, object or remains must not be commenced except by a person authorised by the Minister. (2) Without limiting subsection (1), a prosecution for a summary offence against this Act may be commenced at any time within 3 years after the date of the alleged commission of the offence or, with the authorisation of the Minister, at any later time within 10 years after the date of the alleged commission of the offence. (3) The traditional owners of an Aboriginal site or object may request the Minister to authorise a person to commence a prosecution for an offence against this Act in relation to that site or object and the Minister must give proper consideration to such a request. (4) In any proceedings for an offence against this Act— (a) a document apparently signed by the Minister authorising the commencement of the proceedings by a particular person constitutes, in the absence of proof to the contrary, proof of the authorisation; (b) a document apparently executed by Maralinga Tjarutja, Anangu Pitjantjatjara or the Aboriginal Lands Trust authorising or approving the commencement of the proceedings by a particular person constitutes, in the absence of proof to the contrary, proof of the authorisation or approval. 46—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) In particular, the regulations may prescribe penalties not exceeding $2 000 for contravention of, or non-compliance with, a regulation. (3) The regulations may— (a) be of general or limited application; and (b) make different provision according to the matters or circumstances to which they are expressed to apply; and (c) make provisions of a saving or transitional nature consequent on the amendment of this Act or the regulations; and (d) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of a specified person or body.