Aboriginal Heritage Act 1975

Except in accordance with the terms of a permit granted by the Director, no person – shall destroy, damage, disfigure, conceal, uncover, expose, excavate, or otherwise interfere with a protected object; shall carry out an act likely to endanger a protected object; or shall destroy, damage, or deface, or otherwise interfere with any fencing or notice erected, or any other work carried out, in or in respect of a protected site in pursuance of this Act.

Except in accordance with the terms of a permit granted by the Minister on the recommendation of the Director, no person shall remove a protected object from a protected site.

A person who – contravenes subsection (1)(a) or (b) in relation to a relic or object, knowing, at the time of the contravention, that it is a protected object; or contravenes subsection (1)(c) or subsection (2) in relation to a site, knowing, at the time of the contravention, that it is a protected site – 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) or (b) in relation to a relic or object and is, at the time of the contravention, reckless or negligent as to whether it is a protected object; or contravenes subsection (1)(c) or subsection (2) in relation to a site, and is, at the time of the contravention, reckless or negligent as to whether it is a protected site – 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.

Where an authorized officer has reasonable grounds for believing that a protected object has been removed from a protected site contrary to subsection (2), he may seize that protected object.

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.