TORRES STRAIT ISLANDER CULTURAL HERITAGE ACT 2003 - SECT 24 Unlawful harm to Torres Strait Islander cultural heritage

TORRES STRAIT ISLANDER CULTURAL HERITAGE ACT 2003 - SECT 24

24 Unlawful harm to Torres Strait Islander cultural heritage

(1) A person must not harm Torres Strait Islander cultural heritage if the person knows or ought reasonably to know that it is Torres Strait Islander cultural heritage.

Penalty—

Maximum penalty—

(a) for an individual—

(i) if the Torres Strait Islander cultural heritage is a registered significant area or registered significant object—1,000 penalty units or 2 years imprisonment; or

(ii) otherwise—1,000 penalty units;

(b) for a corporation—10,000 penalty units.

(2) A person who harms Torres Strait Islander cultural heritage does not commit an offence under subsection (1) if—

(a) the person is acting—

(i) under the authority of another provision of this Act that applies to the Torres Strait Islander cultural heritage; or

(ii) under an approved cultural heritage management plan that applies to the Torres Strait Islander cultural heritage; or

(iii) under a native title agreement or another agreement with a Torres Strait Islander party, unless the Torres Strait Islander cultural heritage is expressly excluded from being subject to the agreement; or

(iv) in compliance with cultural heritage duty of care guidelines; or

(v) in compliance with the cultural heritage duty of care; or

(vi) in compliance with native title protection conditions, but only if the Torres Strait Islander cultural heritage is expressly or impliedly the subject of the conditions; or

(b) the person owns the Torres Strait Islander cultural heritage, or is acting with the owner’s agreement; 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.