Causing damage to heritage place or object
111 Causing damage to heritage place or object
A person commits an offence if the person:
knows a place or object is a heritage place or object; and
engages in conduct that results in damage to the place or object.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(2) A person commits an offence if the person engages in conduct that results in damage to a heritage place or object.
Maximum penalty: 100 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
Subsections (1) and (2) do not apply if:
(a) the object is in the possession of a person or group who, according to Aboriginal tradition, have a right to possess it; and
(b) the person engages in conduct in accordance with Aboriginal tradition.
In addition, subsections (1) and (2) do not apply if the person:
engages in conduct in accordance with:
a heritage agreement; or
a work approval; or
(iii) work authorised under the declaration of heritage place or object; or
a repair order; or
carries out exempt work.
(6) Also, it is a defence to a prosecution for an offence against subsection (2) if the defendant establishes a reasonable excuse.
(7) If a court finds a person guilty of an offence against subsection (1) or (2), the court may, in addition to a penalty imposed for the offence, order the person:
(a) to pay an amount for the damage caused by committing the offence; or
to make good the damage caused by committing the offence.
(8) An amount that is not paid in accordance with the order is a debt payable by the person.
This Act’s bill:Explanatory statementSecond reading speech
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