sec.26Unlawful possession of Torres Strait Islander cultural heritage

sec.26 Unlawful possession of Torres Strait Islander cultural heritage

A person must not have in the person’s possession an object that is Torres Strait Islander cultural heritage if the person knows or ought reasonably to know that the object is Torres Strait Islander cultural heritage. Maximum penalty— for an individual—1,000 penalty units; for a corporation—10,000 penalty units. A person who has in the person’s possession an object that is Torres Strait Islander cultural heritage does not commit an offence under subsection (1) if— the person is acting— under the authority of another provision of this Act that applies to the object; or under an approved cultural heritage management plan that applies to the object; or under a native title agreement or another agreement with a Torres Strait Islander party, unless the object is expressly excluded from being subject to the agreement; or in compliance with cultural heritage duty of care guidelines; or in compliance with the cultural heritage duty of care; or in compliance with native title protection conditions, but only if the object is expressly or impliedly the subject of the conditions; or the person owns the object, or is acting with the owner’s agreement; or the person’s possession of the object is necessary because of an emergency, including for example, a bushfire or other natural disaster. For subsection (1) , it does not matter whether the circumstances of the person’s knowledge arose before the commencement of this section, or arise after the commencement, or arose partly before the commencement and arise partly after the commencement. This section does not apply to Torres Strait Islander human remains. (sec.26-ssec.1) A person must not have in the person’s possession an object that is Torres Strait Islander cultural heritage if the person knows or ought reasonably to know that the object is Torres Strait Islander cultural heritage. Maximum penalty— for an individual—1,000 penalty units; for a corporation—10,000 penalty units. (sec.26-ssec.2) A person who has in the person’s possession an object that is Torres Strait Islander cultural heritage does not commit an offence under subsection (1) if— the person is acting— under the authority of another provision of this Act that applies to the object; or under an approved cultural heritage management plan that applies to the object; or under a native title agreement or another agreement with a Torres Strait Islander party, unless the object is expressly excluded from being subject to the agreement; or in compliance with cultural heritage duty of care guidelines; or in compliance with the cultural heritage duty of care; or in compliance with native title protection conditions, but only if the object is expressly or impliedly the subject of the conditions; or the person owns the object, or is acting with the owner’s agreement; or the person’s possession of the object is necessary because of an emergency, including for example, a bushfire or other natural disaster. (sec.26-ssec.3) For subsection (1) , it does not matter whether the circumstances of the person’s knowledge arose before the commencement of this section, or arise after the commencement, or arose partly before the commencement and arise partly after the commencement. (sec.26-ssec.4) This section does not apply to Torres Strait Islander human remains.