Aboriginal Relics Preservation Act Amendment Act 1976 (Qld)

8 0Lt2>rmla- t ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 3 of 1976 An Act to amend the Aboriginal Relics Preservation Act 1967-1975 in certain particulars ASSENTED TO 29TH MARCH, 1976] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Aboriginal Relics Preservation Act Amendment Act 1976. (2) In this Act the Aboriginal Relics Preservation Act 1967-1975 is referred to as the Principal Act.

Aboriginal Relics Preservation Act Amendment Act 1976, No. 3 9 (3) The Principal Act as amended by this Act may be cited as the Aboriginal Relics Preservation Act 1967-1976. 2. Amendment of s. 7. Section 7 of the Principal Act is amended by- (a) omitting from subsection (1) provision (c) and substituting the following provision:- (c) search the person and the baggage and effects of any person for relics and inspect and examine any relic found thereon or therein; "; (b) omitting from subsection (2) the expression " (c), "; (c) adding at the end of the section the following subsections:- " (4) A justice who is satisfied upon the complaint of an inspector or a warden that there is reasonable cause to suspect that in any place there is a relic may issue his warrant directed to the inspector or warden to enter the place specified in the warrant for the purpose of exercising therein the powers conferred on the inspector or, as the case may be, warden under this Act. A warrant shall be, for a period of one month from the date of its issue, sufficient authority for the inspector or warden and all persons acting in aid of him- (a) to enter the.place specified in the warrant; and (b) to exercise therein the powers conferred on him by this Act. (5) For the purpose of gaining entry to any place an inspector or warden may call to his aid such persons as he thinks necessary and those persons, while acting in his aid in the lawful exercise by him of his power of entry, shall have a like power of entry. (6) In this section a dwelling house or a part of a building used for residential purposes does'not include the curtilage thereof.". by- 3. Amendment of s. 19 . Section 19 of the Principal Act is amended (a) in subsection (1), inserting after the words " save with " the words " and in accordance with "; (b) in subsection (2), adding after provision (c) the following provision:- (d) may be granted' subject to 'such conditions as are specified in the-permission ".

10 Aboriginal Relics Preservation Act Amendment Act 1976, No. 3 4. New s. 19A. The Principal Act is amended by inserting after section 19 the following section:- " 19A. Delegation of Minister's authority. (1) The Minister may by writing signed by him, generally or otherwise as provided by the instrument of delegation, delegate the authority vested in him by section 19. (2) The authority delegated, if it is exercised by the delegate, shall be exercised in accordance with the instrument of delegation. (3) The Minister may make such and so many delegations of the authority and to such number of persons as he considers necessary or desirable. (4) A delegation is revocable at the will of the Minister and does not prevent the exercise by him of the authority vested in him by section 19. (5) A delegate of the Minister shall, to the extent of the delegation and for as long as the delegation subsists, be deemed to be an authorized person for the purposes of section 19.". 5. Amendment of s. 20 . Section 20 of the Principal Act is amended by, in subsection (1)- (a) inserting after the word " excavate " the words ", cover, conceal "; (b) adding after the words " such offence " the words " or for restoration of the relic and the site of the relic "; (c) adding at the end of the subsection the following words:- Moneys paid pursuant to an order of the court for the purpose of restoration shall be paid to the Director for that purpose and the Director is hereby empowered to cause the restoration work to be carried out.". 6. Amendment of s. 21 . Section 21 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) The Minister may cause to be performed excavation, examination or research of or upon an Aboriginal site or in respect of any relic and may cause the removal of relics from their location to safe storage.". (b) in subsection (2), omitting the words " for anthropological purposes " and substituting the words " of or ". 7. Amendment of s. 22 . Section 22 of the Principal Act is amended by omitting from subsection (1) the words " Aboriginal site " and substituting the word " location ".

Aboriginal Relics Preservation Act Amendment Act 1976, No. 3 11 8. Amendments in relation to penalties . The provision of the Principal Act specified in the first column of the following Table is amended by omitting the words specified in the second column thereof opposite to that provision and substituting the expression specified in the third column thereof opposite to that provision:- TABLE Amended Provision Omit Section 8 (1) Section 8 (2) Section 8 (3) Section 17 (2) Section 19 (1) Section 20 (1) Section 28 (1) Two hundred dollars .. One hundred dollars One hundred dollars Two hundred dollars One hundred dollars Two hundred dollars .. one hundred dollars Substitute S500 S200 S200 5500 S200 $500 $200