(2) It is a defence to a prosecution for an offence under section 86 (2) if
the defendant shows that the defendant exercised due diligence to determine
whether the act or omission constituting the alleged offence would harm an
Aboriginal object and reasonably determined that no Aboriginal object would be
harmed.
(3) The regulations may provide that compliance with requirements
specified in the regulations, or in a code of practice adopted or prescribed
by the regulations, is taken for the purposes of subsection (2) to constitute
due diligence in determining whether the act or omission constituting the
alleged offence would harm an Aboriginal object.
(4) It is a defence to a
prosecution for an offence under section 86 (2) if the defendant shows that
the act or omission constituting the alleged offence is prescribed by the
regulations as a low impact act or omission.
(5) The Minister is not to
recommend the making of a regulation under subsection (3), unless--
(i) is satisfied that the
requirements specified in the recommended regulation, or in the code of
practice adopted or prescribed by the recommended regulation, meet those
minimum standards, and
(ii) has consulted with the Aboriginal Cultural
Heritage Advisory Committee.
(6) The Secretary may, for the purposes of
subsection (5) set minimum standards for requirements specified in the
regulations, or in a code of practice adopted or prescribed by the
regulations, under subsection (3). The Secretary is to publish any such
minimum standards in the Gazette.
(7) The Minister is not to recommend the
making of a regulation under subsection (4) unless the Minister has consulted
with the Aboriginal Cultural Heritage Advisory Committee.