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HERITAGE ACT 2011 - SECT 111 Causing damage to heritage place or object

HERITAGE ACT 2011 - SECT 111

Causing damage to heritage place or object

    (1)     A person commits an offence if the person:

        (a)     knows a place or object is a heritage place or object; and

        (b)     engages in conduct that results in damage to the place or object.

Maximum penalty:     400 penalty units or imprisonment for 2 years.

    (2)     A person commits an offence if the person engages in conduct that results in damage to a heritage place or object.

Maximum penalty:     100 penalty units.

    (3)     An offence against subsection (2) is an offence of strict liability.

    (4)     Subsections (1) and (2) do not apply if:

        (a)     the object is in the possession of a person or group who, according to Aboriginal tradition, have a right to possess it; and

        (b)     the person engages in conduct in accordance with Aboriginal tradition.

    (5)     In addition, subsections (1) and (2) do not apply if the person:

        (a)     engages in conduct in accordance with:

            (i)     a heritage agreement; or

            (ii)     a work approval; or

            (iii)     work authorised under the declaration of heritage place or object; or

            (iv)     a repair order; or

        (b)     carries out exempt work.

    (6)     Also, it is a defence to a prosecution for an offence against subsection (2) if the defendant establishes a reasonable excuse.

    (7)     If a court finds a person guilty of an offence against subsection (1) or (2), the court may, in addition to a penalty imposed for the offence, order the person:

        (a)     to pay an amount for the damage caused by committing the offence; or

        (b)     to make good the damage caused by committing the offence.

    (8)     An amount that is not paid in accordance with the order is a debt payable by the person.