Commonwealth Consolidated Acts

HISTORIC SHIPWRECKS ACT 1976 - SECT 11

             (1)  Where a person has possession, custody or control of an article, being, or being a part of, a historic shipwreck or being a historic relic, the Minister may, for the purpose of:

                     (a)  the preservation of the article;

                     (b)  the placement of the article with a collection of articles that has been, or is to be, established; or

                     (c)  the exhibition of, or the provision of access to, the article, whether or not the article forms part of a collection of articles;

by notice in writing, require the person to take such action in relation to the article as is specified in the notice.

             (2)  The action that a person may be required to take in relation to an article by a notice under subsection (1) includes but is not limited to:

                     (a)  keeping the article in a particular manner or place;

                     (b)  removing the article to a particular place within a particular time;

                     (c)  doing a particular act in relation to the article within a particular time, being an act designed to assist in the preservation of the article; and

                     (d)  delivering the article into the custody of a particular person within a particular time.

             (3)  Where the Minister gives a notice to a person under subsection (1) requiring the person to take action in relation to an article other than action referred to in paragraph (2)(d), the Minister shall in the notice inform the person that the person may, in lieu of taking that action, deliver the article within a specified time into the custody of a person specified in the notice.

             (4)  A person to whom a notice is given by the Minister under subsection (1) shall comply with the notice.

Penalty: 

                     (a)  if the offender is a natural person--$5,000 or imprisonment for a period of 2 years, or both; or

                     (b)  if the offender is a body corporate--$25,000.

             (5)  A civil action does not lie against a person in respect of any action taken by the person in pursuance of a notice given to the person by the Minister under subsection (1).