South Australian Consolidated Acts

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ABORIGINAL HERITAGE ACT 1988 - SECT 10

10—Confidentiality of archives

        (1)         The confidentiality of information entered in the central or local archives that relates to an Aboriginal site or object must be maintained unless—

            (a)         the traditional owners of the site or object have approved disclosure of the information; or

            (b)         where all reasonable steps have been taken to consult the traditional owners but the Minister or organisation keeping the archives is satisfied that there are no traditional owners or that they cannot be identified or located, the Committee (in the case of the central archives), or the organisation keeping the archives (in the case of local archives), has approved disclosure of the information; or

            (c)         the information is made available by the Minister in response to an application under section 12.

        (2)         The confidentiality of information entered in the central or local archives that does not relate to an Aboriginal site or object must be maintained unless the Committee (in the case of the central archives), or the organisation keeping the archives (in the case of local archives), has approved disclosure of the information.

        (3)         The disclosure of information from the central or local archives must be on such conditions (if any) as are stipulated by—

            (a)         the traditional owners; and

            (b)         in the case of information made available from—

                  (i)         the central archives, the Committee; and

                  (ii)         local archives, the organisation keeping the archives.

        (4)         A person must not—

            (a)         disclose information from the central or local archives contrary to this section; or

            (b)         fail to comply with a condition referred to in subsection (3).

Penalty: $10 000 or imprisonment for 6 months.



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