(i) if the
Aboriginal cultural heritage is a registered significant area or registered
significant object—1,000 penalty units or 2 years imprisonment; or
(iii)
under a native title agreement or another agreement with an Aboriginal party,
unless the Aboriginal cultural heritage is expressly excluded from being
subject to the agreement; or
(vi) in compliance with native title
protection conditions, but only if the Aboriginal cultural heritage is
expressly or impliedly the subject of the conditions; or
(c) the harm is the result of doing an act that is necessary because of an
emergency, including for example, a bushfire or other natural disaster.
(3)
For subsection (1) , it does not matter whether the circumstances of the
person’s knowledge arose before the commencement of this section, or arise
after the commencement, or arose partly before the commencement and arise
partly after the commencement.