48Significant sites

48 Significant sites

(1) Where the Minister is satisfied that a place on Aboriginal Land is of special significance to Aboriginal members of the Community, the Minister may, by notice in writing published in the Gazette specifying that place, declare that that place is a significant place for the purposes of this Act. (2) Where a declaration under subsection (1) is in force in relation to a place, the Council may cause signs to be displayed at or near the place identifying the place and stating that entry into it by persons other than Aboriginal members of the Community is prohibited by this Act. (3) A person commits an offence if: (a) the person enters or remains in a place; and (b) a declaration under subsection (1) is in force in relation to the place; and (c) a sign is displayed in relation to the place; and (d) the sign is displayed under subsection (2).

Penalty: 10 penalty units.

(3A) Strict liability applies to paragraphs (3)(b) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code.

(3B) Subsection (3) does not apply if: (a) the person enters or remains in the place: (i) in performing functions under this Act; or (ii) otherwise in accordance with this Act or a law in force in the Territory; or (iii) with the consent of the Council; or (b) the person is an Aboriginal member of the Community.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3B) (see subsection 13.3(3) of the Criminal Code).

(4) A person commits an offence if: (a) the person does an act; and (b) the act results in damage or disturbance to a place; and (c) a declaration under subsection (1) is in force in relation to the place; and (d) a sign is displayed in relation to the place; and (e) the sign is displayed under subsection (2).

Penalty: Imprisonment for 2 years or 50 penalty units, or both.

(4A) Strict liability applies to paragraphs (4)(c) and (e).

Note: For strict liability, see section 6.1 of the Criminal Code.

(5) A person shall not be convicted of offences against subsections (3) and (4) in relation to the same act. (6) Without limiting the generality of subsection (4), a person shall be taken, for the purposes of that subsection, to have damaged or disturbed a place in relation to which a sign is displayed under subsection (2) if, by reason of any act done by that person, the special significance of the place to Aboriginal members of the Community has been adversely affected. (7) In any proceedings for the prosecution of a person for an offence against subsection (3) or (4), evidence that a sign stating that entry into the place by persons other than Aboriginal members of the Community is prohibited by this Act was displayed at or near that place at a particular time is evidence that the sign was so displayed at that time in accordance with subsection (2). (8) Nothing in this section shall be read as extending the right of access to any Aboriginal Land to which this section does not apply.