Aboriginal Cultural Heritage Act 2003

The following Aboriginal cultural heritage is not in the ownership of the State—

human remains and secret or sacred objects owned by Aboriginal people under division 2 or 3;

Aboriginal cultural heritage passing into the ownership of an Aboriginal party under this Act;

Aboriginal cultural heritage owned by a person whose ownership is confirmed under a provision of this Act;

Aboriginal cultural heritage owned by a person to whom ownership is lawfully transferred.

Otherwise, the State owns Aboriginal cultural heritage.

Subsection (2) applies to an object or evidence that is Aboriginal cultural heritage even if the object or evidence—

forms, or has previously formed, part of land; or

is located, or has previously been located, in, on or under land.

Subsections (2) and (3) do not operate to give the State ownership of—

land in which is situated an object or evidence that becomes owned by the State under subsection (2); or

any other land.