146Who may access the Register?

146 Who may access the Register?

S. 146(1) amended by No. 11/2016 s. 87(1).

(1) Subjectto section 146A, the Secretary must allow any of the following persons or bodies to have access to the Register but only for the purpose set out for that person or body—

(a) a registered Aboriginal party or a person authorised in writing by a registered Aboriginal party—for the purpose of obtaining information relating to the area or areas in respect of which the registered Aboriginal party is registered;

(b) a member of the Council or a public sector employee (within the meaning of the Public Administration Act 2004) whose duties involve the administration of this Act—for the purpose of managing Aboriginal cultural heritage in Victoria or maintaining and updating the Register;

S. 146(1)(c) substituted by No. 11/2016 s. 87(2).

(c) a person engaged as a heritage advisor for a cultural heritage management plan, preliminary Aboriginal heritage test, Aboriginal cultural heritage land management agreement or a cultural heritage audit—for the purpose of conducting research related to the plan, test, agreement or audit;

S. 146(1)(d) amended by No. 11/2016 s. 87(3).

(d) a land owner—for the purpose of obtaining information on any Aboriginal cultural heritage that may relate to the owner's land, including a cultural heritage management plan prepared in relation to the land before the land owner became the owner of that land;

(e) a person who, or a body that, has the control and management of Crown land—for the purpose of obtaining information to assist or enable the person or body to carry out functions or duties associated with the control and management of the land;

S. 146(1)(f) amended by No. 9/2020 s. 390(Sch. 1 item 1.2).

(f) a person appointed or employed under Division 7 of Part 2 of the Local Government Act 2020—for the purpose of carrying out functions or duties associated with the person's employment;

S. 146(1)(g) amended by No. 11/2016 s. 87(4).

(g) a heritage advisor appointed by a proposed developer, purchaser or user of land or by a person specified under paragraph (d), (e) or (f) in relation to land—for the purpose of obtaining information on any Aboriginal cultural heritage that may relate to the land;

S. 146(1)(h) inserted by No. 11/2016 s. 87(5).

(h) a person who applies to the Secretary for the certification of a preliminary Aboriginal heritage test—for the purpose of obtaining information on any Aboriginal cultural heritage that may relate to the land on which the proposed activity is to be carried out;

S. 146(1)(i) inserted by No. 11/2016 s. 87(5).