ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE PROTECTION ACT 1984 - SECT 3 Interpretation

ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE PROTECTION ACT 1984 - SECT 3

  (1)   In this Act, unless the contrary intention appears:

"Aboriginal" means a member of the Aboriginal race of Australia, and includes a descendant of the indigenous inhabitants of the Torres Strait Islands.

"Aboriginal remains" means the whole or part of the bodily remains of an Aboriginal, but does not include:

  (a)   a body or the remains of a body:

  (i)   buried in accordance with the law of a State or Territory; or

  (ii)   buried in land that is, in accordance with Aboriginal tradition, used or recognized as a burial ground;

  (b)   an object made from human hair or from any other bodily material that is not readily recognizable as being bodily material; or

  (c)   a body or the remains of a body dealt with or to be dealt with in accordance with a law of a State or Territory relating to medical treatment or post - mortem examinations.

"Aboriginal tradition" means the body of traditions, observances, customs and beliefs of Aboriginals generally or of a particular community or group of Aboriginals, and includes any such traditions, observances, customs or beliefs relating to particular persons, areas, objects or relationships.

"area" includes a site.

"Australian waters" means:

  (a)   the territorial sea of Australia and any sea on the landward side of that territorial sea;

  (b)   the territorial sea of an external Territory and any sea on the landward side of that territorial sea; or

  (c)   the sea over the continental shelf of Australia.

"Federal Court" means the Federal Court of Australia.

"significant Aboriginal area" means:

  (a)   an area of land in Australia or in or beneath Australian waters;

  (b)   an area of water in Australia; or

  (c)   an area of Australian waters;

being an area of particular significance to Aboriginals in accordance with Aboriginal tradition.

"significant Aboriginal object" means an object (including Aboriginal remains) of particular significance to Aboriginals in accordance with Aboriginal tradition.

  (2)   For the purposes of this Act, an area or object shall be taken to be injured or desecrated if:

  (a)   in the case of an area:

  (i)   it is used or treated in a manner inconsistent with Aboriginal tradition;

  (ii)   by reason of anything done in, on or near the area, the use or significance of the area in accordance with Aboriginal tradition is adversely affected; or

  (iii)   passage through or over, or entry upon, the area by any person occurs in a manner inconsistent with Aboriginal tradition; or

  (b)   in the case of an object--it is used or treated in a manner inconsistent with Aboriginal tradition;

and references in this Act to injury or desecration shall be construed accordingly.

  (3)   For the purposes of this Act, an area or object shall be taken to be under threat of injury or desecration if it is, or is likely to be, injured or desecrated.