This compilation was prepared on 11 December 2006 taking into account amendments up to Act No. 152 of 2006
The text of any of those amendments not in force on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra
Part I—Preliminary 1 1 Short title [see Note 1].......................................................................1 2 Commencement [see Note 1].............................................................1 3 Interpretation..................................................................................... 1 4 Purposes of Act .................................................................................3 5 Extension to Territories.....................................................................3 6 Act binds the Crown..........................................................................3 6A Application of the Criminal Code ..................................................... 3 7 Application of other laws ..................................................................3 8 ApplicationofAct............................................................................. 4 8A Application of Part II to Victoria.......................................................5
Part II—Protection of significant Aboriginal areas and objects 6
Division 1—Declarations by Minister 6 9 Emergency declarations in relation to areas ......................................6 10 Other declarations in relation to areas ...............................................6 11 Contents of declarations under section 9 or 10..................................8 12 Declarations in relation to objects .....................................................8 13 Makingofdeclarations...................................................................... 9 14 Publication and commencement of declarations..............................10 16 Refusal to make declaration.............................................................10
Division 2—Declarations by authorized officers 12 17 Authorised officers..........................................................................12 18 Emergency declarations in relation to areas or objects....................12 19 Notificationofdeclarations............................................................. 13
Division 3—Discovery and disposal of Aboriginal remains 14 20 Discovery of Aboriginal remains.....................................................14 21 DisposalofAboriginalremains....................................................... 14
Part IIA—Victorian Aboriginal cultural heritage 15
Division 1—Preliminary 15 21A Interpretation................................................................................... 15 21B Delegation .......................................................................................16
Division 2—Preservation of Victorian Aboriginal cultural property 18 21C Emergency declaration of preservation ...........................................18 21D Temporary declaration of preservation............................................19 21E Declaration of preservation .............................................................20
21EA Declarations have effect subject to certificates under section 12 of the Protection of Movable Cultural Heritage Act 1986........................................................................................... 22
21F Arbitration....................................................................................... 22 21G Notices............................................................................................. 22 21H Offence to contravene declaration...................................................23 21J Obligation to protect land................................................................24 21K Aboriginal Cultural Heritage Agreements.......................................24 21L Compulsory acquisition...................................................................25 21M Compensation for acquisition of property .......................................25 21N Compensation may be paid in certain circumstances ......................25
Division 3—Discovery and disposal of Aboriginal remains 26 21P Discovery of Aboriginal remains.....................................................26 21Q DisposalofAboriginalremains....................................................... 26
Division 4—Miscellaneous 27 21R Inspectors ........................................................................................27 21S Power to enter, search etc................................................................27 21T Honorarykeepersor wardens..........................................................29 21U Defacing property............................................................................29 21V Register............................................................................................ 30 21W General meetings of local Aboriginal communities.........................31 21X Negotiationfor returnofAboriginalremains..................................31 21Y Indictable offences...........................................................................31 21Z Evidence.......................................................................................... 32 21ZA Alcoa smelter site exempted............................................................32
Part III—Offences, penalties and legal proceedings 33 22 Offences and penalties.....................................................................33 23 Indictable offences...........................................................................34 24 Evidence.......................................................................................... 34 25 Body corporate responsible for acts of servants and agents.............35 26 Injunctions....................................................................................... 35 27 Proceedings in camera .....................................................................37 28 Compensation for acquisition of property .......................................37 29 Powers of courts not limited............................................................37 30 Legal assistance...............................................................................37
Part IV—Miscellaneous 39 31 Delegation .......................................................................................39 32 Regulations...................................................................................... 39
Schedule—Local Aboriginal communities 40
Notes 41
An Act to preserve and protect places, areas and objects of particular significance to Aboriginals, and for related purposes
This Act may be cited as the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.
This Act shall come into operation on the day on which it receives the Royal Assent.
(1) In this Act, unless the contrary intention appears:
Aboriginal means a member of the Aboriginal race of Australia, and includes a descendant of the indigenous inhabitants of the Torres Strait Islands.
Aboriginal remains means the whole or part of the bodily remains of an Aboriginal, but does not include:
Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginals generally or of a particular
Section 3
community or group of Aboriginals, and includes any such traditions, observances, customs or beliefs relating to particular persons, areas, objects or relationships.
area includes a site.
Federal Court means the Federal Court of Australia.
being an area of particular significance to Aboriginals in accordance with Aboriginal tradition.
significant Aboriginal object means an object (including Aboriginal remains) of particular significance to Aboriginals in accordance with Aboriginal tradition.
(2) For the purposes of this Act, an area or object shall be taken to be injured or desecrated if:
inconsistent with Aboriginal tradition; and references in this Act to injury or desecration shall be construed accordingly.
Section 4
(3) For the purposes of this Act, an area or object shall be taken to be under threat of injury or desecration if it is, or is likely to be, injured or desecrated.
4 Purposes of Act
The purposes of this Act are the preservation and protection from injury or desecration of areas and objects in Australia and in Australian waters, being areas and objects that are of particular significance to Aboriginals in accordance with Aboriginal tradition.
5 Extension to Territories
This Act extends to every external Territory.
6 Act binds the Crown
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.
6A Application of the Criminal Code
Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
7 Application of other laws
(1) This Act, except Part IIA, is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.
(1A) Part IIA is not intended to exclude or limit the operation of:
(a) any provision of the Archeological and Aboriginal Relics Preservation Act 1972 of Victoria in so far as it applies to or in relation to an entry made in a register, or a declaration made, under that Act before the commencement of the
Aboriginal and Torres Strait Islander Heritage Protection
Amendment Act 1987; or
Section 8
(b) any other law of Victoria (other than a law for the preservation or protection of Aboriginal cultural property within the meaning of Part IIA) except as referred to in paragraph (a);
that is capable of operating concurrently with that Part.
the person may be prosecuted and convicted under that law or under this Act, the Criminal Code or the Crimes Act 1914, as the case may be, but nothing in this subsection renders a person liable to be punished more than once in respect of the same act or omission.
(4) Nothing in this Act derogates from the rights of any person to any remedy consistent with this Act that he or she would have apart from this Act.
8 Application of Act
8A Application of Part II to Victoria
Section 9
Part II—Protection of significant Aboriginal areas and objects
Division 1—Declarations by Minister
9 Emergency declarations in relation to areas
(1) Where the Minister:
desecration; he or she may, by legislative instrument, make a declaration in relation to the area.
10 Other declarations in relation to areas
(1) Where the Minister:
(i) that the area is a significant Aboriginal area; and
Section 10
(ii) that it is under threat of injury or desecration;
relevant; he or she may, by legislative instrument, make a declaration in relation to the area.
Section 11
11 Contents of declarations under section 9 or 10
A declaration under subsection 9(1) or 10(1) in relation to an area shall:
12 Declarations in relation to objects
(1) Where the Minister:
relevant; he or she may, by legislative instrument, make a declaration in relation to the object or the whole or that part of the class of objects, as the case may be.
(2) Subject to this Part, a declaration under subsection (1) has effect for such period as is specified in the declaration.
Section 13
(3) A declaration under subsection (1) in relation to an object or objects shall:
(3A) A declaration under subsection (1) cannot prevent the export of an object if there is a certificate in force under section 12 of the Protection of Movable Cultural Heritage Act 1986 authorising its export.
(4) A declaration under subsection (1) in relation to Aboriginal remains may include provisions ordering the delivery of the remains to:
13 Making of declarations
(1) In this section:
declaration means a declaration under this Division.
Minister, in relation to Norfolk Island, means an executive
member as defined by the Norfolk Island Act 1979.
Section 14
satisfaction of the applicant or applicants and the Minister, any matter to which the application relates.
14 Publication and commencement of declarations
16 Refusal to make declaration
Where the Minister refuses to make a declaration under this Division in pursuance of an application, he or she shall take
Section 16
reasonable steps to notify the applicant or applicants of his or her decision.
Section 17
Division 2—Declarations by authorized officers
17 Authorised officers
18 Emergency declarations in relation to areas or objects
(1) Where:
the officer may make a declaration for the purposes of this section.
Section 19
(2) A declaration under subsection (1):
(2A) A declaration under subsection (1) cannot prevent the export of an object if there is a certificate in force under section 12 of the Protection of Movable Cultural Heritage Act 1986 authorising its export.
(2A) A declaration under subsection (1) is not a legislative instrument.
(3) A declaration under subsection (1) may be revoked or varied at any time, by instrument in writing, by the Minister or any authorized officer.
19 Notification of declarations
Section 20
Division 3—Discovery and disposal of Aboriginal remains
20 Discovery of Aboriginal remains
21 Disposal of Aboriginal remains
Section 21A
Part IIA—Victorian Aboriginal cultural heritage
Division 1—Preliminary
21A Interpretation
(1) In this Part:
Aboriginal cultural heritage agreement means an agreement made in accordance with section 21K.
Aboriginal cultural property means Aboriginal places, Aboriginal objects and Aboriginal folklore.
Aboriginal folklore means traditions or oral histories that are or have been part of, or connected with, the cultural life of Aboriginals (including songs, rituals, ceremonies, dances, art, customs and spiritual beliefs) and that are of particular significance to Aboriginals in accordance with Aboriginal tradition.
Aboriginal object means an object (including Aboriginal remains) that is in Victoria and is of particular significance to Aboriginals in accordance with Aboriginal tradition.
Aboriginal place means an area in Victoria that is of particular significance to Aboriginals in accordance with Aboriginal tradition.
community area, in relation to a local Aboriginal community, means the area in Victoria declared by the regulations to be the area of that community for the purposes of this Part.
local Aboriginal community means an organisation that is specified in the Schedule.
magistrate means a magistrate of the State of Victoria.
Section 21B
State Minister means a Minister of the Crown of the State of Victoria.
(2) The regulations may amend the Schedule by adding, omitting or varying the name of an organisation that is incorporated in, or carries on business in, Victoria.
21B Delegation
Section 21B
Section 21C
Division 2—Preservation of Victorian Aboriginal cultural property
21C Emergency declaration of preservation
(1) An emergency declaration in the prescribed form may be made in relation to an Aboriginal place or Aboriginal object:
(a) by:
Aboriginal community or any person or on his or her own motion; or
(b) by a magistrate on an application by a local Aboriginal
community; if the inspector, Minister or magistrate has reasonable grounds for believing that the place or object is under threat of injury or desecration of such a nature that it could not properly be protected unless an emergency declaration is made.
(a) the local Aboriginal community (if any) of the area where the Aboriginal place or Aboriginal object is found; and
Section 21D
(b) in the case of an emergency declaration made by an
inspector—the Minister; and shall take all reasonable steps to notify any person who is likely to be affected.
(5) If an emergency declaration is made by a magistrate on the application of a local Aboriginal community, the community shall, without delay, take all reasonable steps to notify any person who is likely to be affected.
21D Temporary declaration of preservation
(1) If a local Aboriginal community decides, whether after an application is made to it or on its own motion, that:
the community may advise the Minister that it considers a temporary declaration of preservation should be made.
Section 21E
21E Declaration of preservation
(1) If a local Aboriginal community decides, whether after an application is made to it or on its own motion, that:
the community may advise the Minister that it considers a declaration of preservation should be made.
Section 21E
Section 21EA
21EA Declarations have effect subject to certificates under section 12 of the Protection of Movable Cultural Heritage Act 1986
A declaration under section 21C, 21D or 21E cannot prevent the export of an object if there is a certificate in force under section 12 of the Protection of Movable Cultural Heritage Act 1986 authorising its export.
21F Arbitration
21G Notices
(1) A local Aboriginal community may cause notices to be placed on or near an Aboriginal place or Aboriginal object in the community area that is the subject of a declaration indicating that the place or object is subject to a declaration of preservation.
Section 21H
(2) A person authorised in writing by the relevant Aboriginal
community may at all reasonable times enter upon any land for the
purpose of placing a notice under subsection (1).
(3) A person is guilty of an offence if:
Penalty:
(4) In subsection (3):
21H Offence to contravene declaration
(1) A person is guilty of an offence if:
Penalty:
(2) A person is guilty of an offence if:
Penalty:
(a) if the person is a natural person—$5,000 or imprisonment for 2 years, or both; or
Section 21J
(b) if the person is a body corporate—$25,000.
(3) In this section:
21J Obligation to protect land
The making of a declaration relating to an Aboriginal place does not affect any obligation under any Act or law relating to the protection or conservation of land unless the obligation is inconsistent with the declaration.
21K Aboriginal Cultural Heritage Agreements
Section 21L
(5) If the Registrar of Titles receives a notice of an agreement, the Registrar may make such entries in the Register Book as the Registrar thinks appropriate for the purposes of this section.
21L Compulsory acquisition
21M Compensation for acquisition of property
21N Compensation may be paid in certain circumstances
Section 21P
Division 3—Discovery and disposal of Aboriginal remains
21P Discovery of Aboriginal remains
21Q Disposal of Aboriginal remains
Section 21R
Division 4—Miscellaneous
21R Inspectors
Penalty: $100.
21S Power to enter, search etc.
(1) If a Magistrate is satisfied, on information on oath by a police officer, that there are reasonable grounds for suspecting that any Aboriginal objects on or in any land, premises or vehicle are under threat of injury or desecration, the Magistrate may issue a warrant authorising any police officer together with the inspector named in the warrant, by such force as is necessary and reasonable:
Section 21S
(d) to deliver any objects possession of which is so taken into the possession of a person authorised by the Minister to receive them.
(2) A police officer, together with an inspector, may:
but only if acting:
Section 21T
(c) the whereabouts of the owner cannot be ascertained after
careful inquiry; the object is vested in the Minister on trust for Aboriginals in Victoria.
(7) The powers conferred by this section are in addition to any other powers conferred by law.
21T Honorary keepers or wardens
21U Defacing property
(1) A person is guilty of an offence if:
Penalty:
Section 21V
the Minister may consent, in writing, to the doing of an act referred to in subsection (1) in the community area or other area, as the case may be, and may, in the consent, specify terms and conditions subject to which the consent is given.
21V Register
(1) The Minister shall cause to be kept a register containing a summary of particulars of declarations of preservation made under this Part.
Section 21W
(2) The register shall not be open for inspection except by prescribed persons or in prescribed circumstances.
21W General meetings of local Aboriginal communities
There may be convened, in accordance with the regulations, general meetings of representatives of each local Aboriginal community and of prescribed Aboriginal organisations in Victoria for the purpose of:
21X Negotiation for return of Aboriginal remains
If a local Aboriginal community has reason to believe that any Aboriginal remains held by a university, museum or other institution were found or came from its community area, the local Aboriginal community may request the Minister to negotiate with the university, museum or institution for the return of the remains to the community.
21Y Indictable offences
(1) Subject to subsection (2), the following offences are indictable offences:
in relation to an offence referred to in paragraph (a) of this subsection.
(2) A court of summary jurisdiction may hear and determine proceedings in respect of an offence referred to in subsection (1) if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
Section 21Z
(3) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence referred to in that subsection, the penalty that the court may impose is:
21Z Evidence
the defendant shall not be committed for trial or convicted unless the prosecution proves that, at the time, the defendant knew, or ought reasonably to have known, of that fact.
21ZA Alcoa smelter site exempted
This Part does not apply to any site, land, act or activity to which section 13 of the Alcoa (Portland Aluminium Smelter) Act 1980 of Victoria applies.
Part III—Offences, penalties and legal proceedings
22 Offences and penalties
(1) A person is guilty of an offence if:
Penalty:
(2) A person is guilty of an offence if:
Penalty:
engage in conduct means:
Section 23
23 Indictable offences
(1) Subject to subsection (2), the following offences are indictable offences:
in relation to an offence referred to in paragraph (a) of this subsection.
24 Evidence
Section 25
defendant shall not be committed for trial or convicted unless the prosecution proves that, at that time, the defendant knew, or ought reasonably to have known, of the existence of the declaration.
25 Body corporate responsible for acts of servants and agents
(1) Where, at a particular time, a member of the governing body, director, servant or agent of a body corporate:
declaration made under Part II or IIA; paragraph (a) or (b), as the case may be, shall be deemed to apply to the body corporate at that time.
26 Injunctions
(1) Where, on the application of the Minister, the Federal Court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute:
Section 26
the Court may grant an injunction in such terms as the Court determines to be appropriate.
Section 27
27 Proceedings in camera
In any proceedings in a court arising under this Act, except Part IIA, the court, on application, may, if it is satisfied that it is desirable to do so, having regard to:
(a) the interests of justice; and
(b) the interests of Aboriginal tradition; order the exclusion of the public, or of persons specified in the order, from a sitting of the court and make such orders as it thinks
fit for the purpose of preventing or limiting the disclosure of information with respect to the proceedings.
28 Compensation for acquisition of property
29 Powers of courts not limited
Nothing in this Act shall be taken to limit or restrict any powers conferred on a court by any other law.
30 Legal assistance
(1) A person:
Section 30
(c) against whom proceedings have been instituted:
declaration under Part IIA); may apply to the Attorney-General for a grant of assistance under subsection (2).
(2) Where an application is made by a person under subsection (1), the Attorney-General, or a person appointed or engaged under the Public Service Act 1999 (the public servant) authorized in writing by the Attorney-General, may, if he or she is satisfied that it would involve hardship to that person to refuse the application and that, in all the circumstances, it is reasonable that the application should be granted, authorize the grant by the Commonwealth to the person, either unconditionally or subject to such conditions as the Attorney-General or public servant determines, of such legal or financial assistance as the Attorney-General or public servant determines.
Part IV—Miscellaneous
31 Delegation
32 Regulations
The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:
Schedule—Local Aboriginal communities
Section 21A
Ballarat and District Aboriginal Co-operative Ltd. Bendigo Dja Dja Wrung Aboriginal Association Incorporated Brambuk Incorporated Camp Jungai Co-operative Ltd. Central Gippsland Aboriginal Health and Housing Co-operative
Ltd. Dandenong and District Aborigines Co-operative Ltd. Echuca Aboriginal Co-operative Ltd. Far East Gippsland Aboriginal Corporation Framlingham Aboriginal Trust Gippsland and East Gippsland Aboriginal Co-operative Ltd. Goolum-goolum Aboriginal Co-operative Ltd. Gunditjmara Aboriginal Co-operative Ltd. Healesville and District Aboriginal Co-operative Ltd. Kerrup-Jmara Elders Aboriginal Corporation Lake Condah Aboriginal Co-operative Ltd. Lake Tyers Aboriginal Trust Lakes Entrance Aboriginal Corporation Moogji Aboriginal Council East Gippsland Incorporated Murray Valley Aboriginal Co-operative Ltd. Rumbalara Aboriginal Co-operative Ltd. Shepparton Aboriginal Arts Council Co-operative Ltd. Sunraysia and District Aboriginal Corporation Swan Hill and District Aboriginal Co-operative Ltd. Wamba-Wamba Local Aboriginal Land Council Wathaurong Aboriginal Co-operative Ltd. West Gippsland Aboriginal Co-operative Ltd. Wurundjeri Tribe Land Compensation and Cultural Heritage
Council Incorporated Yorta-yorta Cultural Heritage Council Incorporated Yorta Yorta Murray Goulburn Rivers Clans Incorporated
Table of Acts
Notes to the Aboriginal and Torres Strait Islander Heritage Protection Act 1984
Note 1
The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 as shown in this compilation comprises Act No. 79, 1984 amended as indicated in the Tables below.
The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 was amended by the Aboriginal and Torres Strait Islander Heritage Protection Regulations (Amendment). The amendments are incorporated in this compilation.
For all relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Acts
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional |
provisions | ||||
Aboriginal and Torres Strait Islander Heritage (Interim Protection) Act 1984 | 79, 1984 | 25 June 1984 | 25 June 1984 | |
Aboriginal and Torres Strait Islander Heritage (Interim Protection) Amendment Act 1986 | 83, 1986 | 24 June 1986 | 24 June 1986 | — |
Aboriginal and Torres Strait Islander Heritage Protection Amendment Act 1987 | 39, 1987 | 5 June 1987 | 10 July 1987 (see Gazette 1987, No. S171) | — |
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 | 99, 1988 | 2 Dec 1988 | 2 Dec 1988 | — |
Aboriginal and Torres Strait Islander Commission Act 1989 | 150, 1989 | 27 Nov 1989 | 5 Mar 1990 (see Gazette 1990, No. S48) | — |
Statute Law Revision Act 1996 | 43, 1996 | 25 Oct 1996 | Schedule 5 (items 1–3): Royal Assent (a) | — |
Table of Acts Act Notes
Act | Number | Date | Date of | Application, |
and year | of Assent | commencement | saving or | |
transitional | ||||
provisions | ||||
Public Employment | 146, 1999 | 11 Nov 1999 | Schedule 1 | — |
(Consequential and | (items 20, 21): 5 | |||
Transitional) Amendment | Dec 1999 (see | |||
Act 1999 | Gazette 1999, No. | |||
S584) (b) | ||||
Environment and Heritage | 15, 2001 | 22 Mar 2001 | Schedule 1 | S. 4 |
Legislation Amendment | (items 1–11): | |||
(Application of Criminal | 24 May 2001 (c) | |||
Code) Act 2001 | ||||
Aboriginal and Torres | 32, 2005 | 22 Mar 2005 | Schedule 4 | Sch. 4 (item 2) |
Strait Islander | (items 1, 2): 24 | |||
Commission Amendment | Mar 2005 | |||
Act 2005 | ||||
Aboriginal and Torres | 152, 2006 | 7 Dec 2006 | Schedule 1: 8 | — |
Strait Islander Heritage | Dec 2006 | |||
Protection Amendment | Schedule 2 | |||
Act 2006 | (items 1–13): [see | |||
Note 2] | ||||
Schedule 3: Royal | ||||
Assent |
(1) Subject to this section, this Act commences on the latest of the following days:
(c) the day on which item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 commences.
Table of Amendments
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Title.......................................... am. No. 83, 1986
Part I
S. 1 .......................................... am. No. 83, 1986
S. 6A ........................................ ad. No. 15, 2001
S. 7 .......................................... am. No. 39, 1987; No. 43, 1996; No. 15, 2001
S. 8A ........................................ ad. No. 39, 1987
Part II Division 1
Ss. 9, 10................................... am. No. 43, 1996; No. 152, 2006
S. 12 ........................................ am. No. 43, 1996; No. 152, 2006
S. 13 ........................................ am. No. 43, 1996
S. 14 ........................................ am. No. 152, 2006
S. 15 ........................................ am. No. 99, 1988 rep. No. 152, 2006
S. 16 ........................................ am. No. 43, 1996
Division 2
S. 17 ........................................ am. No. 43, 1996
S. 18 ........................................ am. No. 152, 2006
S. 19 ........................................ am. No. 43, 1996
Division 3
Ss. 20, 21................................. am. No. 39, 1987; No. 43, 1996
Part IIA
Part IIA .................................... ad. No. 39, 1987
Division 1
S. 21A ...................................... ad. No. 39, 1987
S. 21B ...................................... ad. No. 39, 1987 am. No. 150, 1989; No. 32, 2005
Division 2
Ss. 21C–21E............................ ad. No. 39, 1987
S. 21EA.................................... ad. No. 152, 2006
S. 21F ...................................... ad. No. 39, 1987
S. 21G...................................... ad. No. 39, 1987 am. No. 15, 2001
S. 21H...................................... ad. No. 39, 1987 rs. No. 15, 2001
Ss. 21J–21N............................. ad. No. 39, 1987
Division 3
Ss. 21P, 21Q............................ ad. No. 39, 1987
Division 4
Ss. 21R–21T ............................ ad. No. 39, 1987
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 21U...................................... ad. No. 39, 1987 am. No. 15, 2001
Ss. 21V–21X ............................ ad. No. 39, 1987
S. 21Y ...................................... ad. No. 39, 1987 am. No. 15, 2001
S. 21Z ...................................... ad. No. 39, 1987
S. 21ZA.................................... ad. No. 39, 1987
Part III
S. 22 ........................................ am. No. 15, 2001
S. 23 ........................................ am. No. 15, 2001 Ss. 25–28................................. am. No. 39, 1987
S. 30 ........................................ am. No. 39, 1987; No. 43, 1996; 146, 1999
Part IV
S. 31 ........................................ am. No. 39, 1987; No. 43, 1996
S. 33 ........................................ rep. No. 83, 1986
Schedule
Schedule.................................. ad. No. 39, 1987 am. Statutory Rules 1987 No. 153; 1989 No. 420; 1992 No. 121; 1994 No. 28
Note 2
Note 2
Aboriginal and Torres Strait Islander Heritage Protection Amendment Act 2006
(No. 152, 2006)
The following amendments commence on proclamation. However if not proclaimed before 7 December 2007 they are repealed on that day, see subsection 2(1) (item 3):
Schedule 2
1 Subsection 7(1)
Omit “, except Part IIA,”.
2 Subsection 7(1A)
Repeal the subsection.
3 Section 8A
Repeal the section.
4 Subsection 20(1)
Omit “, except in Victoria,”.
5 Subsection 21(1)
Omit “, other than remains discovered in Victoria,”.
6 Part IIA
Repeal the Part.
7 Paragraph 25(1)(b)
Omit “or IIA”.
8 Paragraph 26(1)(a)
Omit “or IIA”.
9 Section 27
Omit “except Part IIA,”.
Note 2
10 Subsection 28(1)
Omit “(except a provision of Part IIA)”.
11 Subparagraph 30(1)(c)(ii)
Omit “(not being proceedings in relation to a declaration under Part IIA)”.
12 Subsection 31(1)
Omit “Part IIA”.
13 Schedule
Repeal the Schedule.
As at 11 December 2006 the amendments are not incorporated in this compilation.
Table A
Table A
Application, saving or transitional provisions
Environment and Heritage Legislation Amendment (Application of Criminal Code) Act 2001 (No. 15, 2001)
4 Application of amendments
Aboriginal and Torres Strait Islander Commission Amendment Act 2005
(No. 32, 2005)
Schedule 4
2 Saving provision
Despite the amendment of section 21B of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, any delegation by the Minister to an officer of the Department that was in force under that section immediately before the day Schedules 1 and 2 to this Act commence continues in force on and after that day as if it were a delegation made by the Minister under that section as amended by this Act.