Northern Territory Consolidated Acts Northern Territory Consolidated Acts36. Defences
(1) Subject to subsection (2), it is a defence to a prosecution for an offence against section 33, 34(1) or 35 if it is proved that the defendant had no reasonable grounds for suspecting that the sacred site was a sacred site.
(2) Where a sacred site in respect of which a charge for an offence against section 33, 34(1) or 35 is laid is on Aboriginal land within the meaning of the Land Rights Act , the defence provided by subsection (1) shall not be available unless it is also proved that -
(a) the defendant's presence on the land comprised in the sacred site would not have been unlawful if the land had not been a sacred site; and
(b) the defendant had taken reasonable steps to ascertain the location and extent of sacred sites on any part of that Aboriginal land likely to be visited by the defendant.