26Role of Museums Board

26 Role of Museums Board (1) The Museums Board may accept the custody of Aboriginal cultural heritage. (2) While the Museums Board has custody of any Aboriginal cultural heritage transferred to it under this Act, the Museums Board must ensure that the heritage is lodged at the Museum of Victoria. S. 26(2A) inserted by No. 11/2016 s. 23(2). (2A) Subsection (1) does not apply to any Aboriginal ancestral remains or secret or sacred Aboriginal objects transferred to the Museums Board for safekeeping under this Act. S. 26(3) amended by No. 11/2016 s. 23(3). (3) Section 25 of the **Museums Act 1983** does not apply to Aboriginal ancestral remains or secret or sacred Aboriginal objects. Part 3—Protection of Aboriginal cultural heritage Division 1—Protection from harm 27 Harming Aboriginal cultural heritage unlawful S. 27(1) substituted by No. 11/2016 s. 24(1). (b) at the time of the act or omission the person knew that the act or omission was likely to harm Aboriginal cultural heritage. S. 27(3) substituted by No. 11/2016 s. 24(2). (b) at the time of the act or omission the person was reckless as to whether the act or omission was likely to harm Aboriginal cultural heritage. S. 27(5) substituted by No. 11/2016 s. 24(3). (5) A person is guilty of an offence if— (b) at the time of the act or omission the person was negligent as to whether the act or omission was likely to harm Aboriginal cultural heritage. (6) A person who is guilty of an offence under subsection (5) is liable to a penalty not exceeding— (7) An offence under this section is an indictable offence. Note to s. 27 substituted as Notes by No. 11/2016 s. 24(4). **Notes** 1. The provisions of Division 12 of Part I of the **Crimes Act 1958** (which deal with attempts) apply to indictable offences against this Act. 2. Section 187A applies to an offence against subsection (1), (3) or (5). S. 28 substituted by No. 11/2016 s. 25.