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HERITAGE ACT 2011 (NO 34 OF 2011) - SECT 113 Removal of heritage objects from Territory

HERITAGE ACT 2011 (NO 34 OF 2011) - SECT 113

Removal of heritage objects from Territory

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

    (a)     knows an object is a heritage object; and

    (b)     removes the object from the Territory.

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

    (2)     A person must not remove a heritage object from the Territory.

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 removes the object in accordance with Aboriginal tradition.

    (5)     In addition, subsections (1) and (2) do not apply if the object is removed in accordance with the CEO's approval under section  89 .

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