TORRES STRAIT ISLANDER CULTURAL HERITAGE ACT 2003 - SECT 18
Knowledge of Torres Strait Islander human remains
TORRES STRAIT ISLANDER CULTURAL HERITAGE ACT 2003 - SECT 18
Knowledge of Torres Strait Islander human remains
18 Knowledge of Torres Strait Islander human remains
(1) This section applies to a person if the person—
(a) knows of the
existence and location of Torres Strait Islander human remains, but does not
own the human remains or have possession of them; and
(b) knows, or ought
reasonably to know, the human remains are, or are reasonably likely to be,
Torres Strait Islander human remains; and
(c) knows or suspects—
(i) that
the chief executive does not know of the existence of the human remains; or
(ii) that the chief executive knows of the existence of the human remains, but
does not know the human remains are, or are reasonably likely to be, Torres
Strait Islander human remains.
(2) The person must—
(a) as soon as
practicable, advise the chief executive of the existence and location of the
human remains; and
(b) give the chief executive all details about the nature
and location of the human remains the chief executive reasonably requires.
Penalty—
Maximum penalty—100 penalty units.
(3) For subsection (2)
, the obligation to advise the chief executive and to give the chief executive
details must be complied with—
(a) if all the circumstances giving rise to
the obligation arose before the commencement of this section—as soon as
practicable after the commencement; or
(b) if all the circumstances giving
rise to the obligation arise after the commencement, or if the circumstances
arose partly before the commencement and arise partly after the
commencement—as soon as practicable after all the circumstances apply.
(4)
For subsection (1) (c) , the chief executive is taken to be in possession of
any knowledge that was ever in the possession of the Minister mentioned in
section 35of the repealed Act.