40Discovery of certain underwater cultural heritage must be notified

40 Discovery of certain underwater cultural heritage must be notified

(1) This section applies if: (a) a person finds an article of underwater cultural heritage; and (b) the article is in Australian waters; and (c) the article appears to be of an archaeological character. (2) The person must give a written notice to the Minister, setting out: (a) a description of the article; and (b) a description of the place where the article is situated that is sufficient to enable the article to be located; within 21 days after the person finds the article. (3) 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. (4) Subsection (3) does not apply if a notice relating to the article has already been given under subsection (2).

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).

(5) A person commits an offence if the person contravenes subsection (3).

Penalty: 120 penalty units.

(6) A person is liable to a civil penalty if the person contravenes subsection (3).

Civil penalty: 120 penalty units.