Aboriginal Cultural Heritage Act 2003

This section applies to a person if the person—

knows of the existence and location of Aboriginal human remains, but does not own the human remains or have possession of them; and

knows, or ought reasonably to know, the human remains are, or are reasonably likely to be, Aboriginal human remains; and

knows or suspects—

that the chief executive does not know of the existence of the human remains; or

that the chief executive knows of the existence of the human remains, but does not know the human remains are, or are reasonably likely to be, Aboriginal human remains.

The person must—

as soon as practicable, advise the chief executive of the existence and location of the human remains; and

give the chief executive all details about the nature and location of the human remains the chief executive reasonably requires.

For subsection (2), the obligation to advise the chief executive and to give the chief executive details must be complied with—

if all the circumstances giving rise to the obligation arose before the commencement of this section—as soon as practicable after the commencement; or

if all the circumstances giving rise to the obligation arise after the commencement, or if the circumstances arose partly before the commencement and arise partly after the commencement—as soon as practicable after all the circumstances apply.

For subsection (1)(c), the chief executive is taken to be in possession of any knowledge that was ever in the possession of the Minister mentioned in section 35 of the repealed Act.