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HERITAGE ACT 2017 (NO. 7 OF 2017) - SECT 74 Other offences in relation to registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts

HERITAGE ACT 2017 (NO. 7 OF 2017) - SECT 74

Other offences in relation to registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts

    (1)     A person must not, without lawful authority, knowingly or recklessly—

        (a)     take, destroy, damage, remove, disturb or otherwise interfere with any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or

        (b)     dispose of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

Penalty:     In the case of a natural person, 2400 penalty units or imprisonment for 5 years or both;

    In the case of a body corporate, 4800 penalty units.

    (2)     A person must not, without lawful authority, negligently—

        (a)     take, destroy, damage, remove, disturb or otherwise interfere with any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or

        (b)     dispose of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

Penalty:     In the case of a natural person, 1200 penalty units or imprisonment for 2 years or both;

    In the case of a body corporate, 2400 penalty units.

    (3)     A person must not, without lawful authority, knowingly or recklessly—

        (a)     buy, offer to buy, agree to buy or offer, or agree to barter or exchange any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or

        (b)     possess a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

Penalty:     In the case of a natural person, 2400 penalty units or imprisonment for 5 years or both;

    In the case of a body corporate, 4800 penalty units.

    (4)     An offence against subsection (1), (2) or (3) is an indictable offence.

    (5)     Subsection (3) does not apply if the person did not know, and had no reasonable grounds for believing, that the item that is the subject of the offence was a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

    (6)     A reference in subsection (1) or (2) to the taking or removal of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact includes a reference to the taking or removal from a reef, from the sea-bed or the sub-soil of the sea-bed or from land or the sub-soil of land.

    (7)     In this section—

"take" means to gain possession of an item by any means.