ABORIGINAL HERITAGE ACT 2006 - SECT 79H Offence to fail to comply with a registered Aboriginal intangible heritage agreement

ABORIGINAL HERITAGE ACT 2006 - SECT 79H

    (1)     A party to a registered Aboriginal intangible heritage agreement is guilty of an offence if—

        (a)     the party does an act that fails to comply with the conditions of the Aboriginal intangible heritage agreement; and

        (b)     at the time of doing the act the party knew that the act failed to comply with the conditions of the agreement.

    (2)     A party to a registered Aboriginal intangible heritage agreement who is guilty of an offence under subsection (1) is liable to a penalty not exceeding—

        (a)     in the case of a natural person, 600 penalty units;

        (b)     in the case of a body corporate, 3000 penalty units.

    (3)     A party to a registered Aboriginal intangible heritage agreement is guilty of an offence if—

        (a)     the party does an act that fails to comply with the conditions of the Aboriginal intangible heritage agreement; and

        (b)     at the time of doing the act the party was reckless as to whether the act failed to comply with the conditions of the agreement.

    (4)     A party to a registered Aboriginal intangible heritage agreement who is guilty of an offence under subsection (3) is liable to a penalty not exceeding—

        (a)     in the case of a natural person,

300 penalty units;

        (b)     in the case of a body corporate,

1500 penalty units.

    (5)     A party to a registered Aboriginal intangible heritage agreement is guilty of an offence if—

        (a)     the party does an act that fails to comply with the conditions of the Aboriginal intangible heritage agreement; and

        (b)     at the time of doing the act the party was negligent as to whether the act failed to comply with the conditions of the agreement.

    (6)     A party to a registered Aboriginal intangible heritage agreement who is guilty of an offence under subsection (5) is liable to a penalty not exceeding—

        (a)     in the case of a natural person,

60 penalty units;

        (b)     in the case of a body corporate,

300 penalty units.

Note

Section 187A applies to an offence against subsection (1), (3) or (5).

S. 79I inserted by No. 11/2016 s. 59.