Prepared by the Office of Parliamentary Counsel, Canberra
Aboriginal and Torres Strait Islander
Heritage Protection Act 1984
No. 79, 1984
Compilation No. 17
Compilation date: 21 October 2016
Includes amendments up to: Act No. 61, 2016
Registered: 21 October 2016
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About this compilation
This compilation
This is a compilation of the Aboriginal and Torres Strait Islander Heritage
Protection Act 1984 that shows the text of the law as amended and in force on
21 October 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on the Legislation Register (www.legislation.gov.au). The details of
amendments made up to, but not commenced at, the compilation date are
underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled
law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see
the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on the Legislation
Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.
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Aboriginal and Torres Strait Islander Heritage Protection Act 1984 i
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Contents
Part I—Preliminary 1 1 Short title ...........................................................................................1
2 Commencement.................................................................................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 ..................................................................4
8 Application of Act .............................................................................4
Part II—Protection of significant Aboriginal areas and objects 5
Division 1—Declarations by Minister 5
9 Emergency declarations in relation to areas ......................................5
10 Other declarations in relation to areas ...............................................5
11 Contents of declarations under section 9 or 10 ..................................7
12 Declarations in relation to objects .....................................................7
13 Making of declarations ......................................................................9
14 Publication and commencement of declarations................................9
16 Refusal to make declaration.............................................................10
Division 2—Declarations by authorized officers 11
17 Authorised officers ..........................................................................11
18 Emergency declarations in relation to areas or objects ....................11
19 Notification of declarations .............................................................12
Division 3—Discovery and disposal of Aboriginal remains 14
20 Discovery of Aboriginal remains.....................................................14
21 Disposal of Aboriginal remains .......................................................14
Part III—Offences, penalties and legal proceedings 15 22 Offences and penalties.....................................................................15
23 Indictable offences...........................................................................16
24 Evidence ..........................................................................................16
25 Body corporate responsible for acts of employees and agents.........17
26 Injunctions.......................................................................................17
27 Proceedings in camera.....................................................................19
28 Compensation for acquisition of property .......................................19
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29 Powers of courts not limited ............................................................20
30 Legal assistance ...............................................................................20
Part IV—Miscellaneous 21 31 Delegation .......................................................................................21
32 Regulations......................................................................................21
Endnotes 22
Endnote 1—About the endnotes 22
Endnote 2—Abbreviation key 24
Endnote 3—Legislation history 25
Endnote 4—Amendment history 28
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Preliminary Part I
Section 1
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 1
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An Act to preserve and protect places, areas and
objects of particular significance to Aboriginals,
and for related purposes
Part I—Preliminary
1 Short title
This Act may be cited as the Aboriginal and Torres Strait Islander
Heritage Protection Act 1984.
2 Commencement
This Act shall come into operation on the day on which it receives
the Royal Assent.
3 Interpretation
(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:
(a) a body or the remains of a body:
(i) buried in accordance with the law of a State or
Territory; or
(ii) buried in land that is, in accordance with Aboriginal
tradition, used or recognized as a burial ground;
(b) an object made from human hair or from any other bodily
material that is not readily recognizable as being bodily
material; or
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(c) a body or the remains of a body dealt with or to be dealt with
in accordance with a law of a State or Territory relating to
medical treatment or post-mortem examinations.
Aboriginal tradition means the body of traditions, observances,
customs and beliefs of Aboriginals generally or of a particular
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.
Australian waters means:
(a) the territorial sea of Australia and any sea on the landward
side of that territorial sea;
(b) the territorial sea of an external Territory and any sea on the
landward side of that territorial sea; or
(c) the sea over the continental shelf of Australia.
Federal Court means the Federal Court of Australia.
significant Aboriginal area means:
(a) an area of land in Australia or in or beneath Australian
waters;
(b) an area of water in Australia; or
(c) an area of Australian waters;
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:
(a) in the case of an area:
(i) it is used or treated in a manner inconsistent with
Aboriginal tradition;
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(ii) by reason of anything done in, on or near the area, the
use or significance of the area in accordance with
Aboriginal tradition is adversely affected; or
(iii) passage through or over, or entry upon, the area by any
person occurs in a manner inconsistent with Aboriginal
tradition; or
(b) in the case of an object—it is used or treated in a manner
inconsistent with Aboriginal tradition;
and references in this Act to injury or desecration shall be
construed accordingly.
(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 each of its capacities.
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.
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7 Application of other laws
(1) This Act 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.
(2) A law of a Territory has effect to the extent to which it is not
inconsistent with a provision of the regulations, or of a declaration
under this Act, having effect in that Territory, but such a law shall
not be taken for the purposes of this subsection to be inconsistent
with such a provision to the extent that it is capable of operating
concurrently with that provision.
(3) Where:
(a) a law of a State or Territory deals with a matter dealt with in
this Act; and
(b) an act or omission by a person that constitutes an offence
against that law also constitutes an offence against this Act or
an offence referred to in paragraph 23(1)(b);
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
(1) Subject to subsection (2), this Act applies, according to its tenor, to
all persons, including foreigners, and to all vessels, including
foreign vessels, whether or not they are within Australia or
Australian waters.
(2) This Act has effect subject to the obligations of Australia under
international law, including obligations under any agreement
between Australia and another country or other countries.
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Protection of significant Aboriginal areas and objects Part II
Declarations by Minister Division 1
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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:
(a) receives an application made orally or in writing by or on
behalf of an Aboriginal or a group of Aboriginals seeking the
preservation or protection of a specified area from injury or
desecration; and
(b) is satisfied:
(i) that the area is a significant Aboriginal area; and
(ii) that it is under serious and immediate threat of injury or
desecration;
he or she may, by legislative instrument, make a declaration in
relation to the area.
(2) Subject to this Part, a declaration under subsection (1) has effect
for such period, not exceeding 30 days, as is specified in the
declaration.
(3) The Minister may, if he or she is satisfied that it is necessary to do
so, declare by legislative instrument that a declaration made under
subsection (1) shall remain in effect for such further period as is
specified in the declaration made under this subsection, not being a
period extending beyond the expiration of 60 days after the day on
which the declaration under subsection (1) came into effect.
10 Other declarations in relation to areas
(1) Where the Minister:
(a) receives an application made orally or in writing by or on
behalf of an Aboriginal or a group of Aboriginals seeking the
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preservation or protection of a specified area from injury or
desecration;
(b) is satisfied:
(i) that the area is a significant Aboriginal area; and
(ii) that it is under threat of injury or desecration;
(c) has received a report under subsection (4) in relation to the
area from a person nominated by him or her and has
considered the report and any representations attached to the
report; and
(d) has considered such other matters as he or she thinks
relevant;
he or she may, by legislative instrument, make a declaration in
relation to the area.
(2) Subject to this Part, a declaration under subsection (1) has effect
for such period as is specified in the declaration.
(3) Before a person submits a report to the Minister for the purposes of
paragraph (1)(c), he or she shall:
(a) publish, in the Gazette, and in a local newspaper, if any,
circulating in any region concerned, a notice:
(i) stating the purpose of the application made under
subsection (1) and the matters required to be dealt with
in the report;
(ii) inviting interested persons to furnish representations in
connection with the report by a specified date, being not
less than 14 days after the date of publication of the
notice in the Gazette; and
(iii) specifying an address to which such representations
may be furnished; and
(b) give due consideration to any representations so furnished
and, when submitting the report, attach them to the report.
(4) For the purposes of paragraph (1)(c), a report in relation to an area
shall deal with the following matters:
(a) the particular significance of the area to Aboriginals;
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(b) the nature and extent of the threat of injury to, or desecration
of, the area;
(c) the extent of the area that should be protected;
(d) the prohibitions and restrictions to be made with respect to
the area;
(e) the effects the making of a declaration may have on the
proprietary or pecuniary interests of persons other than the
Aboriginal or Aboriginals referred to in paragraph (1)(a);
(f) the duration of any declaration;
(g) the extent to which the area is or may be protected by or
under a law of a State or Territory, and the effectiveness of
any remedies available under any such law;
(h) such other matters (if any) as are prescribed.
11 Contents of declarations under section 9 or 10
A declaration under subsection 9(1) or 10(1) in relation to an area
shall:
(a) describe the area with sufficient particulars to enable the area
to be identified; and
(b) contain provisions for and in relation to the protection and
preservation of the area from injury or desecration.
12 Declarations in relation to objects
(1) Where the Minister:
(a) receives an application made orally or in writing by or on
behalf of an Aboriginal or a group of Aboriginals seeking the
preservation or protection of a specified object or class of
objects from injury or desecration;
(b) is satisfied:
(i) that the object is a significant Aboriginal object or the
class of objects is a class of significant Aboriginal
objects; and
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(ii) that the object or the whole or part of the class of
objects, as the case may be, is under threat of injury or
desecration;
(c) has considered any effects the making of a declaration may
have on the proprietary or pecuniary interests of persons
other than the Aboriginal or Aboriginals referred to in
paragraph (1)(a); and
(d) has considered such other matters as he or she thinks
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.
(3) A declaration under subsection (1) in relation to an object or
objects shall:
(a) describe the object or objects with sufficient particulars to
enable the object or objects to be identified; and
(b) contain provisions for and in relation to the protection and
preservation of the object or objects from injury or
desecration.
(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:
(a) the Minister; or
(b) an Aboriginal or Aboriginals entitled to, and willing to
accept, possession, custody or control of the remains in
accordance with Aboriginal tradition.
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13 Making of declarations
(1) In this section:
declaration means a declaration under this Division.
(2) The Minister shall not make a declaration in relation to an area,
object or objects located in a State or the Northern Territory unless
he or she has consulted with the appropriate Minister of that State
or Territory as to whether there is, under a law of that State or
Territory, effective protection of the area, object or objects from
the threat of injury or desecration.
(3) The Minister may, at any time after receiving an application for a
declaration, whether or not he or she has made a declaration
pursuant to the application, request such persons as he or she
considers appropriate to consult with him or her, or with a person
nominated by him or her, with a view to resolving, to the
satisfaction of the applicant or applicants and the Minister, any
matter to which the application relates.
(4) Any failure to comply with subsection (2) does not invalidate the
making of a declaration.
(5) Where the Minister is satisfied that the law of a State or of any
Territory makes effective provision for the protection of an area,
object or objects to which a declaration applies, he or she shall
revoke the declaration to the extent that it relates to the area, object
or objects.
(6) Nothing in this section limits the power of the Minister to revoke
or vary a declaration at any time.
14 Publication and commencement of declarations
(1) A declaration under this Division:
(a) shall be published in the Gazette and in a local newspaper, if
any, circulating in any region concerned; and
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(b) comes into operation on the day after the day of its
registration under the Legislation Act 2003 or such later date
as is specified in the declaration.
(2) As soon as practicable after making a declaration under this
Division, the Minister shall:
(a) take reasonable steps to give notice, in writing, of the
declaration to persons likely to be substantially affected by
the declaration; and
(b) in the case of a declaration in relation to an area—serve a
copy of the declaration on the Australian Institute of
Aboriginal Studies and, if the Institute maintains a register of
significant Aboriginal areas, it shall enter the area in the
register.
(3) Any failure to publish a declaration in a newspaper or failure to
comply with subsection (2) does not affect the validity of a
declaration.
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
reasonable steps to notify the applicant or applicants of his or her
decision.
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Division 2—Declarations by authorized officers
17 Authorised officers
(1) The Minister may, by instrument in writing, designate persons to
be authorized officers for the purposes of this Division.
(2) The Minister shall cause to be issued to each authorized officer an
identity card in the form prescribed, containing a photograph of the
officer.
(3) Where an authorized officer notifies a person of a declaration made
under section 18, he or she shall:
(a) if it is reasonably practicable to do so—produce his or her
identity card for inspection by that person; or
(b) in any other case—give that person such particulars of his or
her identity card as are prescribed.
(4) A person who ceases to be an authorized officer shall forthwith
return his or her identity card to the Minister.
18 Emergency declarations in relation to areas or objects
(1) Where:
(a) at any time, an authorized officer is satisfied that:
(i) an area is a significant Aboriginal area, an object is a
significant Aboriginal object or a class of objects is a
class of significant Aboriginal objects;
(ii) the area or object is, or objects are, under serious and
immediate threat of injury or desecration; and
(iii) in the case of an area—the circumstances of the case
would justify the making of a declaration under
section 9, but the injury or desecration is likely to occur
before such a declaration can be made; and
(b) no declaration has been made under this section in relation to
the area, object or objects within 3 months before that time
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Division 2 Declarations by authorized officers
Section 19
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by reason of a threat that is substantially the same as the
threat referred to in subparagraph (a)(ii);
the officer may make a declaration for the purposes of this section.
(2) A declaration under subsection (1):
(a) shall be in writing;
(b) shall specify the period, not exceeding 48 hours, for which it
is to remain in effect;
(c) shall:
(i) where the declaration relates to an area—describe the
area with sufficient particulars to enable the area to be
identified; or
(ii) where the declaration relates to an object or a class of
objects—describe the object or objects with sufficient
particulars to enable the object or objects to be
identified; and
(d) shall contain provisions for and in relation to the protection
and preservation of the area, object or objects from injury or
desecration, including, in the case of Aboriginal remains,
provisions for their custody.
(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.
(2B) 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
(1) An authorized officer shall, as soon as practicable after making a
declaration under section 18:
(a) in such manner as he or she thinks appropriate in the
circumstances, notify the Minister of the making of the
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declaration, the terms of the declaration and the reasons for
which it was made; and
(b) take reasonable steps to give notice of the declaration to
persons likely to be substantially affected by the declaration.
(2) Any failure to comply with subsection (1) does not invalidate a
declaration.
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Part II Protection of significant Aboriginal areas and objects
Division 3 Discovery and disposal of Aboriginal remains
Section 20
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Division 3—Discovery and disposal of Aboriginal remains
20 Discovery of Aboriginal remains
(1) A person who discovers anything that he or she has reasonable
grounds to suspect to be Aboriginal remains shall report his or her
discovery to the Minister, giving particulars of the remains and of
their location.
(2) Where the Minister receives a report made under subsection (1)
and he or she is satisfied that the report relates to Aboriginal
remains, he or she shall take reasonable steps to consult with any
Aboriginals that he or she considers may have an interest in the
remains, with a view to determining the proper action to be taken
in relation to the remains.
21 Disposal of Aboriginal remains
(1) Where Aboriginal remains are delivered to the Minister, whether in
pursuance of a declaration made under section 12 or otherwise, he
or she shall:
(a) return the remains to an Aboriginal or Aboriginals entitled to,
and willing to accept, possession, custody or control of the
remains in accordance with Aboriginal tradition;
(b) otherwise deal with the remains in accordance with any
reasonable directions of an Aboriginal or Aboriginals
referred to in paragraph (a); or
(c) if there is or are no such Aboriginal or Aboriginals—transfer
the remains to a prescribed authority for safekeeping.
(2) Nothing in this section shall be taken to derogate from the right of
any Aboriginal or Aboriginals accepting possession, custody or
control of any Aboriginal remains pursuant to this section to deal
with the remains in accordance with Aboriginal tradition.
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Offences, penalties and legal proceedings Part III
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Part III—Offences, penalties and legal proceedings
22 Offences and penalties
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct contravenes a provision of a declaration made
under Part II in relation to a significant Aboriginal area.
Penalty:
(a) if the person is a natural person—imprisonment for 5 years or
100 penalty units, or both; or
(b) if the person is a body corporate—500 penalty units.
(2) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct contravenes the terms of a declaration under this
Part relating to a significant Aboriginal object or significant
Aboriginal objects.
Penalty:
(a) if the person is a natural person—imprisonment for 2 years or
50 penalty units, or both; or
(b) if the person is a body corporate—250 penalty units.
(3) A person who contravenes subsection 20(1) commits an offence
punishable, on conviction, by a fine not exceeding 5 penalty units.
(4) A person who contravenes subsection 17(4) commits an offence
punishable, on conviction, by a fine not exceeding 1 penalty unit.
(5) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
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Section 23
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23 Indictable offences
(1) Subject to subsection (2), the following offences are indictable
offences:
(a) an offence referred to in subsection 22(1) or (2);
(b) an offence against:
(i) section 6 of the Crimes Act 1914; or
(ii) section 11.1, 11.4 or 11.5 of the Criminal Code;
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.
(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:
(a) if the person is a natural person—imprisonment for a period
not exceeding 12 months or a fine not exceeding 20 penalty
units, or both; or
(b) if the person is a body corporate—a fine not exceeding 100
penalty units.
24 Evidence
(1) In any proceedings for an offence referred to in subsection 23(1),
the proof of a declaration made under Part II in relation to an area,
object or objects is prima facie evidence that the area is a
significant Aboriginal area, the object is a significant Aboriginal
object or the objects are significant Aboriginal objects, as the case
may be.
(2) For the purposes of subsection (1), a declaration made by the
Minister under Part II may be proved by the production of the
Gazette purporting to contain it.
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(3) In proceedings for an offence referred to in subsection 23(1),
where there is evidence that, at the relevant time, the defendant
neither knew, nor had reasonable grounds for knowing, of the
existence of the declaration alleged to have been contravened, the
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 employees and agents
(1) Where, at a particular time, a member of the governing body,
director, employee or agent of a body corporate:
(a) intends to do, or not to do, a particular act; or
(b) knows, or ought reasonably to know, of the existence of a
declaration made under Part II;
paragraph (a) or (b), as the case may be, shall be deemed to apply
to the body corporate at that time.
(2) Any conduct engaged in on behalf of a body corporate by a
member of the governing body, director, employee or agent of the
body corporate, or by any other person at the direction or with the
consent or agreement (whether express or implied) of one of the
first-mentioned persons, shall be deemed, for the purposes of this
Act, to have been engaged in also by the body corporate.
(3) In subsection (2), a reference to engaging in conduct is a reference
to doing, or failing or refusing to do, any act or thing.
(4) In relation to a body corporate that does not have a governing
body, a reference in this section to a member of the governing
body is a reference to a member of the body corporate.
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:
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18 Aboriginal and Torres Strait Islander Heritage Protection Act 1984
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(a) a contravention of a provision of a declaration made under
Part II;
(b) attempting to contravene such a provision;
(c) aiding, abetting, counselling or procuring a person to
contravene such a provision;
(d) inducing, or attempting to induce, whether by threats,
promises or otherwise, a person to contravene such a
provision;
(e) being in any way, directly or indirectly, knowingly concerned
in, or party to, the contravention by a person of such a
provision; or
(f) conspiring with others to contravene such a provision;
the Court may grant an injunction in such terms as the Court
determines to be appropriate.
(2) Where in the opinion of the Court it is desirable to do so, the Court
may grant an interim injunction pending determination of an
application under subsection (1).
(3) The Court may rescind or vary an injunction granted under
subsection (1) or (2).
(4) The power of the Court to grant an injunction restraining a person
from engaging in conduct may be exercised:
(a) whether or not it appears to the Court that the person intends
to engage again, or to continue to engage, in conduct of that
kind;
(b) whether or not the person has previously engaged in conduct
of that kind; and
(c) whether or not there is a serious and immediate threat of
injury to, or desecration of, the relevant area, place, object or
objects, as the case may be, if the person engages in conduct
of that kind.
(5) The power of the Court to grant an injunction requiring a person to
do an act or thing may be exercised:
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(a) whether or not it appears to the Court that the person intends
to refuse or fail again, or to continue to refuse or fail, to do
that act or thing;
(b) whether or not the person has previously refused or failed to
do that act or thing; and
(c) whether or not there is a serious and immediate threat of
injury to, or desecration of, the relevant area, place, object or
objects, as the case may be, if the person refuses or fails to do
that act or thing.
27 Proceedings in camera
In any proceedings in a court arising under this Act, 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
(1) Where, but for this section, the operation of a provision of this Act
or of a declaration made under Part II would result in the
acquisition of property from a person otherwise than on just terms,
there is payable to the person by the Commonwealth such
reasonable amount of compensation as is agreed upon between the
person and the Commonwealth or, failing agreement, as is
determined by the Federal Court.
(2) In subsection (1), acquisition of property and just terms have the
same respective meanings as in paragraph 51(xxxi) of the
Constitution.
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20 Aboriginal and Torres Strait Islander Heritage Protection Act 1984
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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:
(a) who wishes to apply for a declaration under section 9, 10 or
12;
(b) who considers that his or her proprietary or pecuniary
interests:
(i) are likely to be adversely affected by a declaration
proposed to be made under section 9, 10, 12 or 18; or
(ii) are adversely affected by a declaration so made; or
(c) against whom proceedings have been instituted:
(i) for an offence referred to in subsection 23(1); or
(ii) under section 26;
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.
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Section 31
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Part IV—Miscellaneous
31 Delegation
(1) The Minister may, either generally or as otherwise provided in the
instrument of delegation, by writing signed by him or her, delegate
to a person all or any of his or her powers and functions under this
Act (other than sections 9, 10 and 12, subsection 13(2) and
section 26), the regulations, or a declaration, other than this power
of delegation.
(2) A power or function delegated under this section, when exercised
or performed by the delegate, shall, for the purposes of this Act,
the regulations or the declaration, as the case may be, be deemed to
have been exercised or performed by the Minister.
(3) A delegation under this section does not prevent the exercise of a
power or performance of a function by the Minister.
(4) In this section, declaration means a declaration made under Part II.
32 Regulations
The Governor-General may make regulations, not inconsistent with
this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
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Endnotes
Endnote 1—About the endnotes
22 Aboriginal and Torres Strait Islander Heritage Protection Act 1984
Compilation No. 17 Compilation date: 21/10/16 Registered: 21/10/16
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
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Endnotes
Endnote 1—About the endnotes
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 23
Compilation No. 17 Compilation date: 21/10/16 Registered: 21/10/16
be given effect as intended, the amendment is incorporated into the compiled
law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
abbreviation “(md not incorp)” is added to the details of the amendment
included in the amendment history.
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Endnotes
Endnote 2—Abbreviation key
24 Aboriginal and Torres Strait Islander Heritage Protection Act 1984
Compilation No. 17 Compilation date: 21/10/16 Registered: 21/10/16
Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced
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Endnote 3—Legislation history
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 25
Compilation No. 17 Compilation date: 21/10/16 Registered: 21/10/16
Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Aboriginal and Torres
Strait Islander Heritage
(Interim Protection) Act
1984
79, 1984 25 June
1984
25 June 1984 (s 2)
Aboriginal and Torres
Strait Islander Heritage
(Interim Protection)
Amendment Act 1986
83, 1986 24 June
1986
24 June 1986 (s 2) —
Aboriginal and Torres
Strait Islander Heritage
Protection Amendment
Act 1987
39, 1987 5 June 1987 10 July 1987 (s 2 and
gaz 1987, No S171)
—
Statutory Instruments
(Tabling and
Disallowance)
Legislation Amendment
Act 1988
99, 1988 2 Dec 1988 Sch: 2 Dec 1988 (s 2) —
Aboriginal and Torres
Strait Islander
Commission Act 1989
150, 1989 27 Nov
1989
s 223: 5 Mar 1990 (s
2(1) and gaz 1990,
No S48)
—
Statute Law Revision
Act 1996
43, 1996 25 Oct
1996
Sch 5 (items 1–3):
25 Oct 1996 (s 2(1))
—
Public Employment
(Consequential and
Transitional)
Amendment Act 1999
146, 1999 11 Nov
1999
Sch 1 (items 20, 21):
5 Dec 1999 (s 2(1), (2))
—
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Endnotes
Endnote 3—Legislation history
26 Aboriginal and Torres Strait Islander Heritage Protection Act 1984
Compilation No. 17 Compilation date: 21/10/16 Registered: 21/10/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Environment and
Heritage Legislation
Amendment
(Application of Criminal
Code) Act 2001
15, 2001 22 Mar
2001
Sch 1 (items 1–11):
24 May 2001 (s 2(1)(c))
s 4
Aboriginal and Torres
Strait Islander
Commission
Amendment Act 2005
32, 2005 22 Mar
2005
Sch 4 (items 1, 2): 24
Mar 2005 (s 2(1) item 4)
Sch 4 (item 2)
Aboriginal and Torres
Strait Islander Heritage
Protection Amendment
Act 2006
152, 2006 7 Dec 2006 Sch 1: 8 Dec 2006
(s 2(1) item 2)
Sch 2 (items 1–13):
28 May 2007 (s 2(1)
item 3)
Sch 3: 7 Dec 2006
(s 2(1) item 4)
—
Statute Law Revision
Act 2008
73, 2008 3 July 2008 Sch 1 (item 1): 3 July
2008 (s 2(1) item 2)
—
Territories Law Reform
Act 2010
139, 2010 10 Dec
2010
Sch 1 (item 61): 11 Dec
2010 (s 2(1) item 2)
—
Statute Law Revision
Act (No.1) 2015
5, 2015 25 Feb
2015
Sch 3 (items 6, 7):
25 Mar 2015 (s 2(1)
item 10)
—
Norfolk Island
Legislation Amendment
Act 2015
59, 2015 26 May
2015
Sch 1 (item 85): 18 June
2015 (s 2(1) item 2)
Sch 1 (items 184–203):
27 May 2015 (s 2(1)
item 3)
Sch 1 (items 184–
203)
Acts and Instruments
(Framework Reform)
(Consequential
Provisions) Act 2015
126, 2015 10 Sept
2015
Sch 1 (item 3): 5 Mar
2016 (s 2(1) item 2)
—
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Endnotes
Endnote 3—Legislation history
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 27
Compilation No. 17 Compilation date: 21/10/16 Registered: 21/10/16
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Statute Law Revision
Act (No. 2) 2015
145, 2015 12 Nov
2015
Sch 3 (item 1) 10 Dec
2015 (s 2(1) item 7)
—
Statute Law Revision
Act (No. 1) 2016
4, 2016 11 Feb
2016
Sch 4 (items 1, 3): 10
Mar 2016 (s 2(1) item 6)
—
Statute Update Act 2016 61, 2016 23 Sept
2016
Sch 1 (items 1–8): 21
Oct 2016 (s 2(1) item 1)
—
Number and year FRLI registration
or gazettal
Commencement Application, saving
and transitional
provisions
176, 1984 2 Aug 1984 2 Aug 1984 —
as amended by
153, 1987 15 Jul 1987 15 Jul 1987 —
420, 1989 8 Jan 1990 8 Jan 1990 —
121, 1992 14 May 1992 14 May 1992 —
28, 1994 25 Feb 1994 25 Feb 1994 —
2, 1998 11 Feb 1998 11 Feb 1998 —
187, 2003 24 July 2003 24 July 2003 —
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Endnotes
Endnote 4—Amendment history
28 Aboriginal and Torres Strait Islander Heritage Protection Act 1984
Compilation No. 17 Compilation date: 21/10/16 Registered: 21/10/16
Endnote 4—Amendment history
Provision affected How affected
Title ...............................................am No 83, 1986
Part I
s 1 ..................................................am No 83, 1986
s 6 ..................................................rs No 145, 2015
s 6A ...............................................ad No 15, 2001
s 7 ..................................................am No 39, 1987; No 43, 1996; No 15, 2001; No 152, 2006
s 8A ...............................................ad No 39, 1987
rep No 152, 2006
Part II
Division 1
s 9 ..................................................am No 43, 1996; No 152, 2006
s 10 ................................................am No 43, 1996; No 152, 2006
s 12 ................................................am No 43, 1996; No 152, 2006
s 13 ................................................am No 43, 1996; No 139, 2010; No 59, 2015
s 14 ................................................am No 152, 2006; No 126, 2015
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; No 73, 2008
s 19 ................................................am No 43, 1996
Division 3
s 20 ................................................am No 39, 1987; No 43, 1996; No 152, 2006
s 21 ................................................am No 39, 1987; No 43, 1996; No 152, 2006
Part IIA..........................................ad No 39, 1987
rep No 152, 2006
s 21A .............................................ad No 39, 1987
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Endnote 4—Amendment history
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 29
Compilation No. 17 Compilation date: 21/10/16 Registered: 21/10/16
Provision affected How affected
rep No 152, 2006
s 21B .............................................ad No 39, 1987
am No 150, 1989; No 32, 2005
rep No 152, 2006
s 21C .............................................ad No 39, 1987
rep No 152, 2006
s 21D .............................................ad No 39, 1987
rep No 152, 2006
s 21E..............................................ad No 39, 1987
rep No 152, 2006
s 21EA...........................................ad No 152, 2006
rep No 152, 2006
s 21F..............................................ad No 39, 1987
rep No 152, 2006
s 21G .............................................ad No 39, 1987
am No 15, 2001
rep No 152, 2006
s 21H .............................................ad No 39, 1987
rs No 15, 2001
rep No 152, 2006
s 21J...............................................ad No 39, 1987
rep No 152, 2006
s 21K .............................................ad No 39, 1987
rep No 152, 2006
s 21L..............................................ad No 39, 1987
rep No 152, 2006
s 21M.............................................ad No 39, 1987
rep No 152, 2006
s 21N .............................................ad No 39, 1987
rep No 152, 2006
s 21P..............................................ad No 39, 1987
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Endnote 4—Amendment history
30 Aboriginal and Torres Strait Islander Heritage Protection Act 1984
Compilation No. 17 Compilation date: 21/10/16 Registered: 21/10/16
Provision affected How affected
rep No 152, 2006
s 21Q .............................................ad No 39, 1987
rep No 152, 2006
s 21R .............................................ad No 39, 1987
rep No 152, 2006
s 21S..............................................ad No 39, 1987
rep No 152, 2006
s 21T..............................................ad No 39, 1987
rep No 152, 2006
s 21U .............................................ad No 39, 1987
am No 15, 2001
rep No 152, 2006
s 21V .............................................ad No 39, 1987
rep No 152, 2006
s 21W ............................................ad No 39, 1987
rep No 152, 2006
s 21X .............................................ad No 39, 1987
rep No 152, 2006
s 21Y .............................................ad No 39, 1987
am No 15, 2001
rep No 152, 2006
s 21Z..............................................ad No 39, 1987
rep No 152, 2006
s 21ZA...........................................ad No 39, 1987
rep No 152, 2006
Part III
s 22 ................................................am No 15, 2001; No 4, 2016; No 61, 2016
s 23 ................................................am No 15, 2001; No 61, 2016
s 25 ................................................am No 39, 1987; No 152, 2006; No 5, 2015
s 26 ................................................am No 39, 1987; No 152, 2006
s 27 ................................................am No 39, 1987; No 152, 2006
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Endnote 4—Amendment history
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 31
Compilation No. 17 Compilation date: 21/10/16 Registered: 21/10/16
Provision affected How affected
s 28 ................................................am No 39, 1987; No 152, 2006
s 30 ................................................am No 39, 1987; No 43, 1996; No 146, 1999; No 152, 2006
Part IV
s 31 ................................................am No 39, 1987; No 43, 1996; No 152, 2006
s 33 ................................................rep No 83, 1986
Schedule ........................................ad No 39, 1987
am Statutory Rules No 176, 1984 (as am by No 153, 1987; No 420, 1989;
No 121, 1992; No 28, 1994; No 2, 1998; No 187, 2003)
rep No 152, 2006
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