Aboriginal Heritage Act 1975

The Minister must issue guidelines specifying the actions to be undertaken by a person for the purpose of establishing a defence in accordance with section 21.

The Minister may – amend the guidelines; or revoke the guidelines and substitute new guidelines.

The guidelines – may be made so as to apply differently according to such factors as are specified in the guidelines; and may adopt, either wholly or in part and with or without modification, either specifically or by reference, any standards, rules, codes, guidelines or other documents (whether published or issued before or after the commencement of this section); and are not statutory rules for the purposes of the Rules Publication Act 1953; and are not subordinate legislation for the purposes of the Subordinate Legislation Act 1992.

A reference in subsection (3)(b) to standards, rules, codes, guidelines or other documents includes a reference to an amendment of those standards, rules, codes, guidelines or other documents, whether the amendment is published or issued before or after the commencement of this section.

In issuing guidelines, amending guidelines or revoking and substituting guidelines, the Minister may consult with any person he or she considers appropriate.

The guidelines take effect on a day specified in the guidelines as the day on which the guidelines are to take effect.

An amendment of guidelines, or a revocation and substitution of guidelines, takes effect on a day specified in the guidelines as the day on which the amendment, or the revocation and substitution, is to take effect.

The Minister must cause guidelines, an amendment of guidelines or substituted guidelines to be laid before each House of Parliament within the first 5 sitting-days of that House after the day on which the guidelines, the amendment of guidelines or the substituted guidelines take effect.

Either House of Parliament may pass a resolution disallowing guidelines, an amendment of guidelines or substituted guidelines within 5 sitting-days after the guidelines, the amendment of guidelines or the substituted guidelines have been laid before it.

If a House of Parliament passes a motion to disallow guidelines, an amendment of guidelines or substituted guidelines under subsection (9) – the guidelines, amendment of guidelines or substituted guidelines are void on and from the date of the passing of the motion of disallowance; but the passing of the motion of disallowance does not affect the validity of anything done under the guidelines, the amendment of guidelines or the substituted guidelines before the date of the passing of that motion.

If at the expiration of 5 sitting-days after the guidelines, an amendment of guidelines or the substituted guidelines are laid before either House of Parliament, no notice has been given of a motion to disallow the guidelines, the amendment of guidelines or the substituted guidelines, or, if such notice has been given, the notice has been withdrawn or the motion has been negatived, the guidelines, the amendment of guidelines or the substituted guidelines are taken to have been confirmed by that House.

The Minister is to ensure that the guidelines, as in force, are published on the website of the Department and made available to the public in any other manner the Minister considers appropriate.