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Aboriginal Heritage Act 2006
147AOffence to knowingly or recklessly use information for prohibited purposes
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147A Offence to knowingly or recklessly use information for prohibited purposes
(1) A person or body allowed access to the Register under this Division must not knowingly use any information in the Register for a purpose other than the purpose for which the person or body was allowed access.
Penalty: In the case of a natural person, 50penalty units;
250 penalty units.
(2) A person or body allowed access to the Register under this Division must not recklessly use any information in the Register for a purpose other than the purpose for which the person or body was allowed access.
Penalty: In the case of a natural person, 20 penalty units;
100 penalty units.
Part 10—Registered Aboriginal parties
Division 1—Functions of registered Aboriginal parties
148 Functions of a registered Aboriginal party
A registered Aboriginal party has the following functions—
(a) to act as a primary source of advice and knowledge for the Minister, Secretary and Council on matters relating to Aboriginal places located in or Aboriginal objects originating from the area for which the party is registered;
S. 148(b) amended by No. 11/2016 s. 90(1).
(b) to advise the Minister regarding, and to negotiate, the return of Aboriginal cultural heritage that relates to the area for which the party is registered;
(c) to consider and advise on applications for cultural heritage permits;
(d) to evaluate and approve or refuse to approve cultural heritage management plans that relate to the area for which the party is registered;
(e) to enter into cultural heritage agreements;
(f) to apply for interim and ongoing protection declarations;
S. 148(fa) inserted by No. 11/2016 s. 90(2).
(fa) to provide general advice regarding Aboriginal cultural heritage relating to the area for which the party is registered;
S. 148(fb) inserted by No. 11/2016 s. 90(2).
(fb) to perform functions under this Act in relation to cultural heritage management plans, cultural heritage permits, cultural heritage agreements, preliminary Aboriginal heritage tests, Aboriginal cultural heritage land management agreements and Aboriginal intangible heritage agreements;
S. 148(fc) inserted by No. 11/2016 s. 90(2).
(fc) to perform functions under this Act in relation to cultural heritage permits, including the granting of permits;
S. 148(fd) inserted by No. 11/2016 s. 90(2).
(fd) to advise the Minister administering the **Planning and Environment Act 1987** on proposed amendments to planning schemes which may affect the protection, management or conservation of places or objects of Aboriginal cultural heritage significance;
S. 148(fe) inserted by No. 11/2016 s. 90(2).
(fe) to report to the Council annually on the performance of its functions under this Act, including any fees and charges paid to or imposed by the party in respect of the year;
S. 148(ff) inserted by No. 11/2016 s. 90(2).
(ff) to nominate information about Aboriginal cultural heritage to be restricted information on the Register;
(g) to carry out any other functions conferred on registered Aboriginal parties by or under this Act.