(i) under the authority
of another provision of this Act that applies to the object; or
(ii) under an
approved cultural heritage management plan that applies to the object; or
(iii) under a native title agreement or another agreement with a Torres Strait
Islander party, unless the object is expressly excluded from being subject to
the agreement; or
(vi) in compliance with native title protection conditions, but only if the
object is expressly or impliedly the subject of the conditions; or
(b) the
person owns the object, or is acting with the owner’s agreement; or
(c) the
person’s possession of the object 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.
(4) This section does not apply to Torres
Strait Islander human remains.