Aboriginal Heritage Act 1975

Except as otherwise provided in this Act, no person shall, otherwise than in accordance with the terms of a permit granted by the Minister on the recommendation of the Director – destroy, damage, deface, conceal, or otherwise interfere with a relic; make a copy or replica of a carving or engraving that is a relic by rubbing, tracing, casting, or other means that involve direct contact with the carving or engraving; remove a relic from the place where it is found or abandoned; sell or offer or expose for sale, exchange, or otherwise dispose of a relic or any other object that so nearly resembles a relic as to be likely to deceive or be capable of being mistaken for a relic; take a relic, or cause or permit a relic to be taken, out of this State; or cause an excavation to be made or any other work to be carried out on Crown land for the purpose of searching for a relic.

A person who contravenes subsection (1)(a), (b), (c), (d) or (e) in relation to a relic knowing, at the time of the contravention, that it is a relic, is guilty of an offence. In the case of – a body corporate, other than a small business entity, a fine not exceeding 10 000 penalty units; or an individual or a small business entity, a fine not exceeding 5 000 penalty units.

A person who contravenes subsection (1)(a), (b), (c), (d) or (e) in relation to a relic and who is, at the time of the contravention, reckless or negligent as to whether it is a relic, is guilty of an offence. In the case of – a body corporate, other than a small business entity, a fine not exceeding 2 000 penalty units; or an individual or a small business entity, a fine not exceeding 1 000 penalty units.

A person who contravenes subsection (1)(f) is guilty of an offence. In the case of – a body corporate, other than a small business entity, a fine not exceeding 2 000 penalty units; or an individual or a small business entity, a fine not exceeding 1 000 penalty units.

A permit under subsection (1) is of no effect if, to the knowledge of the holder thereof, the relic to which it relates has been acquired or dealt with in contravention of this Act.

This section does not apply to any dealing in land.

Where an authorized officer has reasonable grounds for believing that an offence under – this section has been, or is about to be, committed in relation to a relic; or subsection (1)(d), has been, or is about to be, committed in relation to an object other than a relic referred to therein – he may seize the relic or other object.

Where a person is convicted of an offence under this section in relation to a relic owned by him, the court by which he is convicted may, in addition to or in lieu of imposing any penalty on that conviction, order the relic to be forfeited to the Crown and, on the making of such an order, the relic vests in and becomes the property of the Crown.

If, in any proceedings for an offence against a provision of this section, the court is not satisfied that the defendant is guilty of the offence as charged but is satisfied that the defendant is guilty of an offence under another provision of this section in relation to which a lesser maximum fine is prescribed, the court may find the defendant guilty of the other offence.