South Australian Consolidated Acts

HISTORIC SHIPWRECKS ACT 1981 - SECT 11

11—Power of Minister to give directions in relation to custody of historic shipwrecks and relics

        (1)         If a person has possession, custody or control of an article, being, or being a part of, a historic shipwreck or being a historic relic, the Minister may, for the purpose of—

            (a)         the preservation of the article; or

            (b)         the exhibition of, or the provision of access to, the article,

by notice in writing, require the person to take specified action in relation to the article.

        (2)         The action that a person may be required to take in relation to an article by a notice under subsection (1) includes but is not limited to—

            (a)         keeping the article in a particular manner or place; and

            (b)         removing the article to a particular place within a particular time; and

            (c)         doing a particular act in relation to the article within a particular time, being an act designed to assist in the preservation of the article; and

            (d)         delivering the article into the custody of a particular person within a particular time.

        (3)         If the Minister gives a notice to a person under subsection (1) requiring the person to take action in relation to an article other than action referred to in subsection (2)(d), the notice must include a statement that the person may, in lieu of taking that action, deliver the article within a specified time into the custody of a person specified in the notice.

        (4)         A person to whom a notice is given by the Minister under subsection (1) must comply with the notice.

Maximum penalty: $2 500 or imprisonment for 2 years, or both.

        (5)         A civil action does not lie against a person in respect of action taken in accordance with a notice given to the person by the Minister under subsection (1).

        (6)         A person to whom a notice is given under subsection (1) may, within one month after the date of the notice, appeal to the Administrative and Disciplinary Division of the District Court against the decision to give the notice.

        (8)         A person to whom a notice is given under subsection (1) may recover, as a debt due to the person from the Crown, reasonable costs incurred by the person in carrying out the requirements of the notice.