87Defences

#### 87 Defences 87 Defences > > (1) It is a defence to a prosecution for an offence under section 86 (1), (2) or (4) if the defendant shows that— > > > > > (a) the harm or desecration concerned was authorised by an Aboriginal heritage impact permit, and > > > > > (b) the conditions to which that Aboriginal heritage impact permit was subject were not contravened. > > > (2) It is a defence to a prosecution for an offence under section 86 (2) if the defendant shows that the defendant exercised due diligence to determine whether the act or omission constituting the alleged offence would harm an Aboriginal object and reasonably determined that no Aboriginal object would be harmed. > > > (3) The regulations may provide that compliance with requirements specified in the regulations, or in a code of practice adopted or prescribed by the regulations, is taken for the purposes of subsection (2) to constitute due diligence in determining whether the act or omission constituting the alleged offence would harm an Aboriginal object. > > > (4) It is a defence to a prosecution for an offence under section 86 (2) if the defendant shows that the act or omission constituting the alleged offence is prescribed by the regulations as a low impact act or omission. > > > (5) The Minister is not to recommend the making of a regulation under subsection (3), unless— > > > > > (a) the Secretary has, under subsection (6), set minimum standards for requirements specified in the regulations, or in a code of practice adopted or prescribed by the regulations, and > > > > > (b) the Minister— > > > > > > > (i) is satisfied that the requirements specified in the recommended regulation, or in the code of practice adopted or prescribed by the recommended regulation, meet those minimum standards, and > > > > > > > (ii) has consulted with the Aboriginal Cultural Heritage Advisory Committee. > > > (6) The Secretary may, for the purposes of subsection (5) set minimum standards for requirements specified in the regulations, or in a code of practice adopted or prescribed by the regulations, under subsection (3). The Secretary is to publish any such minimum standards in the Gazette. > > > (7) The Minister is not to recommend the making of a regulation under subsection (4) unless the Minister has consulted with the Aboriginal Cultural Heritage Advisory Committee. > > **s 87:** Subst 2010 No 38, Sch 1 \[33\]. Am 2021 No 47, Sch 1.1\[16\]; 2022 No 59, Sch 3.46\[5\].