Commonwealth Consolidated Acts

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HISTORIC SHIPWRECKS ACT 1976 - SECT 15

Permits for exploration or recovery of shipwrecks and relics

             (1)  The Minister may, in his or her discretion, upon application by a person, grant a permit to that person authorizing that person and any other persons named or described in the permit to do an act or thing specified in the permit the doing of which would otherwise be prohibited by section 13 or by regulations made for the purposes of section 14.

             (2)  The Minister may, when granting a permit or at any time while a permit is in force, impose conditions in respect of the permit and may at any time revoke or vary any conditions so imposed.

             (3)  The conditions that may be imposed under subsection (2) in respect of a permit authorizing the doing of an act or thing include but are not limited to:

                     (a)  a condition requiring the act or thing to be done in a specified manner;

                     (b)  a condition requiring the act or thing to be done only in accordance with the directions of a person named or described in the permit as a person empowered to give such directions; and

                     (c)  a condition requiring any articles obtained by the doing of an act that is authorized by the permit to be done to be held in such custody or dealt with in such manner as is specified in the permit or as is specified in directions given by a person named or described in the permit as a person empowered to give such directions.

             (4)  A condition imposed in respect of a permit (other than a condition contained in a permit) or a revocation or variation of a condition so imposed takes effect when notice of the condition or of the revocation or variation is served on the person to whom the permit was granted.

             (5)  A person is guilty of an offence if:

                     (a)  a permit has been granted to the person or is otherwise applicable to the person; and

                     (b)  the person engages in conduct; and

                     (c)  the conduct contravenes a condition imposed in respect of the permit.

Penalty:  $2,000 or imprisonment for 2 years, or both.

          (5A)  In subsection (5):

"engage in conduct" means:

                     (a)  do an act; or

                     (b)  omit to perform an act.

             (6)  The Minister may, at any time, by notice in writing to the person to whom a permit has been granted:

                     (a)  revoke the permit;

                     (b)  suspend the permit; or

                     (c)  cancel the suspension of the permit.

             (7)  A suspension of a permit may be of indefinite duration or for a specified period.



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