ABORIGINAL HERITAGE ACT 2006 - SECT 102 Offence to contravene interim protection declaration

ABORIGINAL HERITAGE ACT 2006 - SECT 102

    (1)     A person is guilty of an offence if—

        (a)     the person engages in conduct that contravenes an interim protection declaration; and

        (b)     at the time of engaging in the conduct, the person knew of the existence of the declaration.

    (2)     A person who is guilty of an offence under subsection (1) is liable to a penalty not exceeding—

        (a)     in the case of a natural person,

1800 penalty units;

        (b)     in the case of a body corporate, 10 000 penalty units.

    (3)     A person is guilty of an offence if—

        (a)     the person engages in conduct that contravenes an interim protection declaration; and

        (b)     at the time of engaging in the conduct, the person was reckless as to the existence of the declaration.

    (4)     A person who is guilty of an offence under subsection (3) is liable to a penalty not exceeding—

        (a)     in the case of a natural person,

1200 penalty units;

        (b)     in the case of a body corporate,

6000 penalty units.

    (5)     In this section, "engage in conduct" means—

        (a)     to do an act; or

        (b)     omit to do an act.

    (6)     An offence under this section is an indictable offence.

Note

The provisions of Division 12 of Part I of the Crimes Act 1958 (which deal with attempts) apply to indictable offences against this Act.

    (7)     A person who engages in conduct that contravenes an interim protection declaration does not commit an offence under this section if the conduct in which the person engaged was necessary because of an emergency.

Note to s. 102 inserted by No. 11/2016 s. 134(2).

Note

Section 187A applies to an offence against subsection (1) or (3).

Division 2—Ongoing protection declarations