Torres Strait Islander Cultural Heritage Act 2003
sec.168Consideration of particular cultural heritage studies endorsed before commencement
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sec.168 Consideration of particular cultural heritage studies endorsed before commencement
This section applies if, before the commencement, a sponsor— either— gave a written notice (proposed study) under section 56(1); or caused a public notice (proposed study) to be published under section 61(2); and endorsed a Torres Strait Islander party to take part in a cultural heritage study under section 62(2), 64(2) or 65(2). If the cultural heritage study is given to the chief executive for recording under section 71(1), the chief executive must consider whether to record the findings of the study under this Act as in force before the commencement. Despite subsection (1), this section does not apply to an act or omission that is declared to be, and to have always been, valid and lawful under section 170. s 168 ins 2018 No. 27 s 111 (sec.168-ssec.1) This section applies if, before the commencement, a sponsor— either— gave a written notice (proposed study) under section 56(1); or caused a public notice (proposed study) to be published under section 61(2); and endorsed a Torres Strait Islander party to take part in a cultural heritage study under section 62(2), 64(2) or 65(2). (sec.168-ssec.2) If the cultural heritage study is given to the chief executive for recording under section 71(1), the chief executive must consider whether to record the findings of the study under this Act as in force before the commencement. (sec.168-ssec.3) Despite subsection (1), this section does not apply to an act or omission that is declared to be, and to have always been, valid and lawful under section 170.
- (a) either— (i) gave a written notice (proposed study) under section 56(1); or (ii) caused a public notice (proposed study) to be published under section 61(2); and
- (i) gave a written notice (proposed study) under section 56(1); or
- (ii) caused a public notice (proposed study) to be published under section 61(2); and
- (b) endorsed a Torres Strait Islander party to take part in a cultural heritage study under section 62(2), 64(2) or 65(2).
- (i) gave a written notice (proposed study) under section 56(1); or
- (ii) caused a public notice (proposed study) to be published under section 61(2); and