South Australian Consolidated Acts

ABORIGINAL HERITAGE ACT 1988 - SECT 45

45—Commencement of prosecutions

        (1)         A prosecution for an offence against this Act—

            (a)         in relation to an Aboriginal site, object or remains located on or partly on the lands vested in Maralinga Tjarutja pursuant to the Maralinga Tjarutja Land Rights Act 1984 must not be commenced except—

                  (i)         by a person authorised by the Minister with the approval of Maralinga Tjarutja; or

                  (ii)         by Maralinga Tjarutja or a person authorised by Maralinga Tjarutja;

            (b)         in relation to an Aboriginal site, object or remains located on or partly on the lands vested in Anangu Pitjantjatjara pursuant to the Pitjantjatjara Land Rights Act 1981 must not be commenced except—

                  (i)         by a person authorised by the Minister with the approval of Anangu Pitjantjatjara; or

                  (ii)         by Anangu Pitjantjatjara or a person authorised by Anangu Pitjantjatjara;

            (c)         in relation to an Aboriginal site, object or remains located on or partly on the lands vested in the Aboriginal Lands Trust pursuant to the Aboriginal Lands Trust Act 1966 must not be commenced except—

                  (i)         by a person authorised by the Minister with the approval of the Aboriginal Lands Trust; or

                  (ii)         by the Aboriginal Lands Trust or a person authorised by the Trust;

            (d)         in relation to any other Aboriginal site, object or remains must not be commenced except by a person authorised by the Minister.

        (2)         Such a prosecution may, if the Minister so authorises, be commenced notwithstanding that more than six months have elapsed (as at the date of the authorisation) from the date on which the offence is alleged to have been committed.

        (3)         The traditional owners of an Aboriginal site or object may request the Minister to authorise a person to commence a prosecution for an offence against this Act in relation to that site or object and the Minister must give proper consideration to such a request.

        (4)         In any proceedings for an offence against this Act—

            (a)         a document apparently signed by the Minister authorising the commencement of the proceedings by a particular person constitutes, in the absence of proof to the contrary, proof of the authorisation;

            (b)         a document apparently executed by Maralinga Tjarutja, Anangu Pitjantjatjara or the Aboriginal Lands Trust authorising or approving the commencement of the proceedings by a particular person constitutes, in the absence of proof to the contrary, proof of the authorisation or approval.