34Importing protected underwater cultural heritage prohibited without a permit

34 Importing protected underwater cultural heritage prohibited without a permit

(1) A person contravenes this subsection if the person: (a) imports an article into Australia; and (b) the article is protected underwater cultural heritage. (2) Subsection (1) does not apply if the person imports the article 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) A person commits an offence if the person contravenes subsection (1).

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

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

Penalty: 60 penalty units.

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

Civil penalty: 120 penalty units.