15C

Offences relating to National Heritage places

Current

(1)

A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, commits an offence if:

(a)

the corporation or agency takes an action; and

(b)

the action results or will result in a significant impact on the heritage values of a place; and

(c)

the heritage values are National Heritage values of the place; and

(d)

the place is a National Heritage place.

Note:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(1A)

Strict liability applies to paragraphs (1)(c) and (d).

Note:

For strict liability, see section 6.1 of the Criminal Code.

(2)

A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, commits an offence if:

(a)

the corporation or agency takes an action; and

(b)

the action is likely to have a significant impact on the heritage values of a place; and

(c)

the heritage values are National Heritage values of the place; and

(d)

the place is a National Heritage place.

Note:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(2A)

Strict liability applies to paragraphs (2)(c) and (d).

Note:

For strict liability, see section 6.1 of the Criminal Code.

(3)

A person commits an offence if:

(a)

the person takes an action; and

(b)

the action is taken for the purposes of trade or commerce:

(i)

between Australia and another country; or

(ii)

between 2 States; or

(iii)

between a State and Territory; or

(iv)

between 2 Territories; and

(c)

the action results or will result in a significant impact on the heritage values of a place; and

(d)

the heritage values are National Heritage values of the place; and

(e)

the place is a National Heritage place.

Note:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(3A)

Strict liability applies to paragraphs (3)(d) and (e).

Note:

For strict liability, see section 6.1 of the Criminal Code.

(4)

A person commits an offence if:

(a)

the person takes an action; and

(b)

the action is taken for the purposes of trade or commerce:

(i)

between Australia and another country; or

(ii)

between 2 States; or

(iii)

between a State and Territory; or

(iv)

between 2 Territories; and

(c)

the action is likely to have a significant impact on the heritage values of a place; and

(d)

the heritage values are National Heritage values of the place; and

(e)

the place is a National Heritage place.

Note:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(4A)

Strict liability applies to paragraphs (4)(d) and (e).

Note:

For strict liability, see section 6.1 of the Criminal Code.

(5)

A person commits an offence if:

(a)

the person takes an action; and

(b)

the action is taken in:

(i)

a Commonwealth area; or

(ii)

a Territory; and

(c)

the action results or will result in a significant impact on the heritage values of a place; and

(d)

the heritage values are National Heritage values of the place; and

(e)

the place is a National Heritage place.

Note:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(5A)

Strict liability applies to paragraphs (5)(d) and (e).

Note:

For strict liability, see section 6.1 of the Criminal Code.

(6)

A person commits an offence if:

(a)

the person takes an action; and

(b)

the action is taken in:

(i)

a Commonwealth area; or

(ii)

a Territory; and

(c)

the action is likely to have a significant impact on the heritage values of a place; and

(d)

the heritage values are National Heritage values of the place; and

(e)

the place is a National Heritage place.

Note:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(6A)

Strict liability applies to paragraphs (6)(d) and (e).

Note:

For strict liability, see section 6.1 of the Criminal Code.

(7)

A person commits an offence if:

(a)

the person takes an action; and

(b)

the action results or will result in a significant impact on the heritage values, to the extent that they are indigenous heritage values, of a place; and

(c)

the heritage values are National Heritage values of the place; and

(d)

the place is a National Heritage place.

Note 1:

For indigenous heritage value, see section 528.

Note 2:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(7A)

Strict liability applies to paragraphs (7)(c) and (d).

Note:

For strict liability, see section 6.1 of the Criminal Code.

(8)

A person commits an offence if:

(a)

the person takes an action; and

(b)

the action is likely to have a significant impact on the heritage values, to the extent that they are indigenous heritage values, of a place; and

(c)

the heritage values are National Heritage values of the place; and

(d)

the place is a National Heritage place.

Note 1:

For indigenous heritage value, see section 528.

Note 2:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(8A)

Strict liability applies to paragraphs (8)(c) and (d).

Note:

For strict liability, see section 6.1 of the Criminal Code.

(9)

A person commits an offence if:

(a)

the person takes an action; and

(b)

the action results or will result in a significant impact on the heritage values of a place; and

(ba)

the heritage values are National Heritage values of the place; and

(bb)

the place is a National Heritage place; and

(c)

the National Heritage place is in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention.

Note:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(9A)

Strict liability applies to paragraphs (9)(ba), (bb) and (c).

Note:

For strict liability, see section 6.1 of the Criminal Code.

(10)

A person commits an offence if:

(a)

the person takes an action; and

(b)

the action is likely to have a significant impact on the heritage values of a place; and

(ba)

the heritage values are National Heritage values of the place; and

(bb)

the place is a National Heritage place; and

(c)

the National Heritage place is in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention.

Note:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(10A)

Strict liability applies to paragraphs (10)(ba), (bb) and (c).

Note:

For strict liability, see section 6.1 of the Criminal Code.

(13)

An offence against any of subsections (1) to (10) (inclusive) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 1,000 penalty units, or both.

Note 1:

Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 2:

An executive officer of a body corporate convicted of an offence against this section may also commit an offence against section 495.

Note 3:

If a person takes an action on land that contravenes this section, a landholder may commit an offence against section 496C.

(14)

Subsections (9) and (10) only apply to actions whose prohibition is appropriate and adapted to give effect to Australia’s obligations under Article 8 of the Biodiversity Convention. (However, those subsections may not apply to certain actions because of subsection (16).)

(16)

Subsections (1) to (10) (inclusive) do not apply to an action if:

(a)

an approval of the taking of the action by the constitutional corporation, Commonwealth agency or person is in operation under Part 9 for the purposes of this section; or

(b)

Part 4 lets the constitutional corporation, Commonwealth agency or person take the action without an approval under Part 9 for the purposes of this section; or

(ba)

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

(c)

there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(d)

the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).

Note:

The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

This Act’s bill:Explanatory memorandum Second reading speech

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