31Possession etc. of protected underwater cultural heritage prohibited without a permit

31 Possession etc. of protected underwater cultural heritage prohibited without a permit

(1) A person contravenes this subsection if the person has possession, custody or control of protected underwater cultural heritage. (2) Subsection (1) does not apply if the person has possession, custody or control in accordance with a permit granted under section 23.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3.(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

(3) Subsection (1) does not apply if the person is the Commonwealth, a State or a Territory, or an authority of the Commonwealth, a State or a Territory.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3.(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

(4) A person commits an offence if the person contravenes subsection (1).

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

(5) A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 60 penalty units.

(6) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 300 penalty units.