Commonwealth Consolidated Acts

ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE PROTECTION ACT 1984 - SECT 12

             (1)  Where the Minister:

                     (a)  receives an application made orally or in writing by or on behalf of an Aboriginal or a group of Aboriginals seeking the preservation or protection of a specified object or class of objects from injury or desecration;

                     (b)  is satisfied:

                              (i)  that the object is a significant Aboriginal object or the class of objects is a class of significant Aboriginal objects; and

                             (ii)  that the object or the whole or part of the class of objects, as the case may be, is under threat of injury or desecration;

                     (c)  has considered any effects the making of a declaration may have on the proprietary or pecuniary interests of persons other than the Aboriginal or Aboriginals referred to in paragraph (1)(a); and

                     (d)  has considered such other matters as he or she thinks relevant;

he or she may, by legislative instrument, make a declaration in relation to the object or the whole or that part of the class of objects, as the case may be.

             (2)  Subject to this Part, a declaration under subsection (1) has effect for such period as is specified in the declaration.

             (3)  A declaration under subsection (1) in relation to an object or objects shall:

                     (a)  describe the object or objects with sufficient particulars to enable the object or objects to be identified; and

                     (b)  contain provisions for and in relation to the protection and preservation of the object or objects from injury or desecration.

          (3A)  A declaration under subsection (1) cannot prevent the export of an object if there is a certificate in force under section 12 of the Protection of Movable Cultural Heritage Act 1986 authorising its export.

             (4)  A declaration under subsection (1) in relation to Aboriginal remains may include provisions ordering the delivery of the remains to:

                     (a)  the Minister; or

                     (b)  an Aboriginal or Aboriginals entitled to, and willing to accept, possession, custody or control of the remains in accordance with Aboriginal tradition.