ABORIGINAL HERITAGE ACT 1972 - SECT 42

ABORIGINAL HERITAGE ACT 1972 - SECT 42

42 .         Retention by Minister

        (1)         The Minister may retain any object produced to the Minister pursuant to the provisions of section 41 —

            (a)         if the object is classified as Aboriginal cultural material, by agreement or acquisition;

            (b)         if the object, in the opinion of the Committee ought to be classified as Aboriginal cultural material, by agreement or in default of agreement for such time as may be reasonably necessary to enable it to institute and complete the procedure required to have the object so classified,

                but where the object is not so classified, or recommended for classification, the Minister shall return the object to the person by whom it was produced or, where that is not practicable or required, dispose of it in such other manner as the Minister thinks fit.

        (2)         The Minister may permit a person to have possession of an object that is retained by the Minister for such time, for such purposes, and subject to such conditions as the Minister may approve or impose.

        [Section 42 amended: No. 24 of 1995 s. 36.]