Aboriginal Heritage Act 1975

Subject to this section, on the recommendation of the Director, the Minister may acquire or accept a relic on behalf of the Crown and a relic so acquired or accepted becomes vested in the Crown.

Without prejudice to the acquisition of a relic under this section by any other means, the Minister may serve notice on the owner of the relic informing him that the relic is required by the Crown and requiring him to deliver the relic to the place specified in the notice, and on the relic being so delivered it vests in and becomes the property of the Crown.

Where a notice has been served on the owner of a relic (in this section referred to as "the previous owner") under subsection (2), and he satisfies the Minister that it is not practicable for him to deliver the relic to the place specified in the notice given to him under that subsection, he shall give possession of the relic to a person authorized in writing by the Minister to take the relic.

Where a relic becomes vested in the Crown by virtue of subsection (2), the Minister shall pay to the previous owner its value and the reasonable expenses (if any) incurred by the previous owner in delivering the relic as mentioned in that subsection.

Where there is a dispute between the Minister and the previous owner of a relic as to the value of the relic, or the amount of any such expenses as are referred to in subsection (4), the dispute shall be referred to, and heard and determined by, a magistrate.

A notice required to be served on any person under this section may be so served by delivering it to him personally or sending it by certified mail addressed to him at his usual or last known place of abode or business.

Where a notice has been served on the owner of a relic, he may apply to a magistrate within one month from the date of the service of the notice for the notice to be quashed on the grounds that – he is of Aboriginal descent; and he or his ancestors have had the possession of the relic for a period exceeding 50 years – and if upon hearing the application the magistrate is satisfied that the grounds have been made out he may quash the notice and thereupon the notice shall cease to be of further effect.

Any person who damages, destroys or disposes of a relic in respect of which a notice has been served under subsection (2) is guilty of an offence. In the case of – a body corporate, other than a small business entity, a fine not exceeding 100 penalty units; or an individual or a small business entity, a fine not exceeding 50 penalty units.

In this section, owner, in relation to a relic, includes the person in possession of the relic.

This section does not authorize the acquisition or acceptance of any land or require the severance of any relic from land.