198Savings and transitional provisions—Aboriginal Heritage Amendment Act 2016

198 Savings and transitional provisions—Aboriginal Heritage Amendment Act 2016 (1) Aboriginal people who became the owners of Aboriginal human remains under section 13 of this Act, as in force immediately before the commencement of section 11 of the **Aboriginal Heritage** **Amendment Act 2016**, are taken to be the traditional owners of the remains on and after that commencement. (2) A person appointed as an inspector under section 160 of this Act, as in force immediately before the commencement of section 99 of the **Aboriginal Heritage Amendment Act 2016**, is taken to be an authorised officer on the commencement of that section. (3) To avoid doubt, the register kept under section 10(a) of the **Archaeological and** **Aboriginal Relics Preservation Act 1972** as in force immediately before the repeal of that Act is taken to form part of, and to have always formed part of, the Register established under section 144. Schedules Schedule 1—Saving and transitional provisions 1 Definitions In this Schedule— ***commencement day*** means the day on which section 195 of this Act comes into operation; ***Commonwealth Act*** means the Aboriginal and Torres Strait Islander Heritage Preservation Act 1984 of the Commonwealth as in force immediately before the commencement day; ***old Act*** means the **Archaeological and Aboriginal Relics Preservation Act 1972**. 2 Application of Interpretation of Legislation Act 1984 Except where the contrary intention appears, this Schedule does not affect or take away from the **Interpretation of Legislation Act 1984**. 3 Continuation of old Act and regulations If a provision of the old Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to that provision— (a) any other provision of the old Act necessary to give effect to that continued provision; and (b) any regulation made under the old Act for the purposes of that continued provision. 4 Superseded references On and from the commencement day, in any Act (other than this Act or a provision of the old Act continued by this Act), or in any instrument made under any Act or in any other document of any kind— (a) a reference to the old Act is deemed to be a reference to the **Aboriginal Heritage Act 2006**; and (b) a reference to an archaeological relic or relic within the meaning of the old Act is deemed to be a reference to an Aboriginal object— so far as it relates to any period on and from the commencement day, unless the context otherwise requires. 5 Reports of discovery of Aboriginal human remains Without limiting section 17(4), it is also a defence to proceedings under section 17(3) if the person had reasonable cause to believe that a report had been made under section 21P of the Commonwealth Act in relation to the Aboriginal human remains. 6 Permits and consents (1) A reference in section 29 to a cultural heritage permit includes a reference to the following— (a) a consent granted under section 21U(4) or 21U(5) of the Commonwealth Act and existing immediately before the commencement day; (b) a consent granted by the Minister under section 21 of the old Act and existing immediately before the commencement day. (2) A reference in section 33 to a cultural heritage permit includes a reference to a consent to possess granted under section 26A of the old Act and existing immediately before the commencement day. (3) A reference in section 34 to a cultural heritage permit includes a reference to a consent granted under section 22 or 26A of the old Act and existing immediately before the commencement day. 7 Cultural heritage agreements A reference in section 33 to a cultural heritage agreement includes a reference to an Aboriginal Cultural Heritage Agreement made under section 21K of the Commonwealth Act and existing immediately before the commencement day. 8 Interim protection declarations Section 100 does not apply to the making of the first interim protection declaration under this Act in respect of a place or object if— (a) immediately before the commencement day there was a temporary declaration of preservation in force under section 21D of the Commonwealth Act in respect of the place or object; and (b) the interim protection declaration is in the same or similar terms as the temporary declaration of preservation. 9 Ongoing protection declarations Section 106 does not apply to the making of an ongoing protection declaration under this Act in respect of a place or object if— (a) immediately before the commencement day there was a declaration of preservation in force under section 21E of the Commonwealth Act in respect of the place or object; and (b) the ongoing protection declaration is in the same or similar terms as the declaration of preservation. 10 Seizure of things Section 31 of the old Act continues to apply to any relic seized under that section and detained immediately before the commencement day as if the old Act had not been repealed. 11 Savings and transitional regulations (1) The regulations may contain provisions of a savings and transitional nature consequent on the enactment of this Act. (2) A provision mentioned in subclause (1) may be made retrospective in operation to a day on or after the commencement day. (3) A provision referred to in subclause (1) has effect despite anything to the contrary in any Act (other than this Schedule) or subordinate instrument. Sch. 2 amended by No. 63/2006 s. 61(Sch. items 1.3, 1.4), repealed by No. 29/2011 s. 3(Sch. 1 item 1). Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 6 April 2006* *Legislative Council: 3 May 2006* The long title for the Bill for this Act was "to provide for the protection of Aboriginal cultural heritage in Victoria, to repeal the **Archaeological and Aboriginal Relics Preservation Act 1972** and for other purposes." The **Aboriginal Heritage Act 2006**, No. 16/2006 was assented to on 9 May 2006 and came into operation on 28 May 2007: Government Gazette 24 May 2007 page 921. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Aboriginal Heritage Act 2006** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006** | Assent Date: | 29.8.06 | | Commencement Date: | S. 61(Sch. item 1) on 30.8.06: s. 2(1) | **Coroners Act 2008, No. 77/2008** | Assent Date: | 11.12.08 | | Commencement Date: | S. 129(Sch. 2 item 1) on 1.11.09: s. 2 | **Resources Industry Legislation Amendment Act 2009, No. 6/2009** | Assent Date: | 3.3.09 | | Commencement Date: | S. 42 on 1.1.10: s. 2(2) | **Major Transport Projects Facilitation Act 2009, No. 56/2009** | Assent Date: | 29.9.09 | | Commencement Date: | S. 264(Sch. 2) on 1.11.09: Government Gazette 29.10.09 p. 2729 | **Energy and Resources Legislation Amendment Act 2009, No. 57/2009** | Assent Date: | 21.10.09 | | Commencement Date: | S. 42 on 30.6.10: Special Gazette (No. 255) 30.6.10 p. 1 | **Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009** | Assent Date: | 24.11.09 | | Commencement Date: | S. 97(Sch. item 1) on 1.1.10: Government Gazette 10.12.09 p. 3215 | **Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010** | Assent Date: | 23.3.10 | | Commencement Date: | S. 800(Sch. 6 item 1) on 1.1.12: s. 2(2) | **Energy and Resources Legislation Amendment Act 2010, No. 55/2010** | Assent Date: | 14.9.10 | | Commencement Date: | S. 89 on 14.10.10: Government Gazette 14.10.10 p. 2404 | **Traditional Owner Settlement Act 2010, No. 62/2010** | Assent Date: | 21.9.10 | | Commencement Date: | Ss 92–94 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 | **Statute Law Revision Act 2011, No. 29/2011** | Assent Date: | 21.6.11 | | Commencement Date: | S. 3(Sch. 1 item 1) on 22.6.11: s. 2(1) | **Aboriginal Heritage Amendment Act 2011, No. 30/2011** | Assent Date: | 29.6.11 | | Commencement Date: | S. 3 on 30.6.11: s. 2 | | Current State: | All of Act in operation | **Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014** | *Assent Date:* | 3.6.14 | | *Commencement Date:* | S. 10(Sch. item 1) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 | | *Current State:* | This information relates only to the provision/s amending the **Aboriginal Heritage Act 2006** | **Aboriginal Heritage Amendment Act 2016, No. 11/2016** | Assent Date: | 5.4.16 | | Commencement Date: | Ss 3–134 on 1.8.16: s. 2(2) | **Traditional Owner Settlement Amendment Act 2016, No. 67/2016** | *Assent Date:* | 15.11.16 | | *Commencement Date:* | S. 27 on 28.2.17: Special Gazette (No. 44) 28.2.17 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Aboriginal Heritage Act 2006** | **Parks Victoria Act 2018, No. 19/2018** | Assent Date: | 5.6.18 | | Commencement Date: | S. 244 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1 | **Transport Legislation Amendment Act 2019, No. 49/2019** | Assent Date: | 3.12.19 | | Commencement Date: | S. 186(Sch. 4 item 1) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 | **Local Government Act 2020, No. 9/2020** | Assent Date: | 24.3.20 | | Commencement Date: | S. 390(Sch. 1 item 1.1) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 1.2) on 1.7.21: s. 2(4) | **Justice Legislation Amendment (Police and Other Matters) Act 2022, No. 37/2022** | Assent Date: | 6.9.22 | | Commencement Date: | S. 25 on 7.9.22: s. 2(1) | **Statute Law Amendment Act 2023, No. 6/2023** | Assent Date: | 9.5.23 | | Commencement Date: | S. 3(Sch. 1 item 1) on 10.5.23: s. 2 | **Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025** | Assent Date: | 5.8.25 | | Commencement Date: | S. 106(Sch. 1 item 1) on 6.8.25: s. 2(1) | **Statute Law Revision Act 2025, No. 41/2025** | Assent Date: | 21.10.25 | | Commencement Date: | S. 3(Sch. 1 item 1) on 22.10.25: s. 2 | –––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.