5Meaning of *historic shipwreck artefact*

5 Meaning of *historic shipwreck artefact* (1) Subject to subsection (5), a ***historic shipwreck artefact*** is a shipwreck artefact that has been situated in Victorian waters— (a) for 75 years or more; or (b) for the number of years specified under proclamation under section 6 (a ***proclaimed number of years***). (2) Subsection (1) applies whether or not the existence or location of the object is presently known. (3) In addition but subject to subsection (5), a shipwreck artefact that has been removed from Victorian waters at any time becomes a ***historic shipwreck artefact***— (a) 75 years after the likely date that the object first came to rest on the sea-bed; or (b) if there is a number of years specified under proclamation under section 6, the proclaimed number of years after the likely date the object first came to rest on the sea-bed. (4) Subsection (3) does not apply to an object that has been salvaged or recovered if the salvage or recovery was not contrary to any law in force at the time it occurred. (5) A shipwreck artefact is not a ***historic shipwreck artefact*** if it is— (a) an object specified under proclamation under subsection (6); or (b) an object of a class specified under proclamation under subsection (6). (6) The Governor in Council, by proclamation published in the Government Gazette, may specify an object, or an object of a specified class, is not a historic shipwreck artefact.