VICIn ForceAct
Aboriginal Heritage Act 2006
108Offence to contravene ongoing protection declaration
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108 Offence to contravene ongoing protection declaration
(a) the person engages in conduct that contravenes an ongoing protection declaration; and
(b) at the time of engaging in the conduct, the person knew of the existence of the declaration.
(a) the person engages in conduct that contravenes an ongoing protection declaration; and
(b) at the time of engaging in the conduct, the person was reckless as to the existence of the declaration.
(5) In this section, ***engage in conduct*** means—
(a) to do an act; or
(b) omit to do an act.
(6) An offence under this section is an indictable offence.
The provisions of Division 12 of Part I of the **Crimes Act 1958** (which deal with attempts) apply to indictable offences against this Act.
(7) A person who engages in conduct that contravenes an ongoing protection declaration does not commit an offence under this section if the conduct in which the person engaged was necessary because of an emergency.
Note to s. 108 inserted by No. 11/2016 s. 134(2).
Section 187A applies to an offence against subsection (1) or (3).
Division 3—General