38Minister may ascertain location of protected underwater cultural heritage

38 Minister may ascertain location of protected underwater cultural heritage

(1) This section applies if the Minister reasonably believes that: (a) a person may have, or may have had, possession, custody or control of an article; and (b) the article is or may be protected underwater cultural heritage. (2) The Minister may, by written notice, require the person, within the period specified in the notice: (a) to inform the Minister whether the person has, or had, possession, custody or control of the article; and (b) if the person has possession, custody or control of the article—to give the Minister the name and address of the person from whom possession, custody or control of the article was obtained; and (c) if the person has ceased to have possession, custody or control of the article—to give the Minister particulars of the circumstances in which the person ceased to have possession, custody or control of the article; and (d) if the person has transferred possession, custody or control of the article to another person—to give the Minister the name and address of the person to whom possession, custody or control of the article was transferred. (3) The period specified for the purposes of subsection (2) must be at least 21 days, beginning on the day the notice is given to the person. (4) A person contravenes this subsection if: (a) the person is subject to a requirement under subsection (2); and (b) the person fails to comply with the requirement. (5) A person commits an offence if the person contravenes subsection (4).

Penalty: 120 penalty units.

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

Penalty: 60 penalty units.

(7) A person is liable to a civil penalty if the person contravenes subsection (4).

Civil penalty: 120 penalty units.

(8) A person is not excused from giving information under subsection (2) on the ground that the information might tend to incriminate the person or expose the person to a penalty. (9) However, in the case of an individual, none of the following: (a) the information given; (b) the giving of the information; (c) any information, document or thing obtained as a direct or indirect consequence of the giving of the information; is admissible in evidence against the individual in proceedings, other than: (d) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act (false or misleading information or documents); or (e) proceedings for an offence against section 149.1 of the Criminal Code that relates to this Act (obstruction of Commonwealth public officials).