Commonwealth Consolidated Acts

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HISTORIC SHIPWRECKS ACT 1976 - SECT 10

Power of Minister to ascertain location of historic shipwrecks and relics

             (1)  Where it appears to the Minister 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, or is or may be a part of, a historic shipwreck or is or may be a historic relic;

the Minister may, by notice in writing to the person, require the person, within the time specified in the notice:

                     (c)  to inform the Minister whether the person has, or has had, possession, custody or control of the article;

                     (d)  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

                     (e)  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.

             (2)  A person is guilty of an offence if the person:

                     (a)  is given a notice by the Minister under subsection (1); and

                     (b)  refuses or fails to comply with the notice to the extent that the person is capable of complying with it.

Penalty:  20 penalty units.

             (3)  A person is not excused from furnishing information in pursuance of this section on the ground that the information may tend to incriminate the person but evidence of the furnishing of the information is not admissible in evidence against the person except in proceedings for an offence against this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section.



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