Heritage (Amendment) Act 2003 (Vic)

Heritage (Amendment) Act 2003

ts	Act No. 74/2003
n
e
m	TABLE OF PROVISIONS

u	Section	Page
c
o	PART 1—PRELIMINARY	1
D

1. Purposes 1

ry	2.	Commencement	2
3.	Principal Act	2
ta

n PART 2—AMENDMENTS TO THE HERITAGE ACT 1995 3

e	4.	National Trust entitled to notice	3
m	5.	Amendments to penalty provisions	3
ia	6.	Certain activities prohibited	4
rl	7.	Prohibition of certain activities in relation to historic shipwrecks
and historic shipwreck relics	4
a	8.	New sections 150E, 150F and 150G inserted	4
P	150E.	Court order for entry to residence	4
d	150F.	Announcement before entry of residence using order	6
n	150G.	Powers on entry using order	6
a	9.	Failure to comply with order under section 162	7
10.	Prosecution of offences	7
n	11.	New section 183A inserted	7
o	183A.	Powers of court with respect to contravention	7
ti	12.	New Division 6 of Part 10 inserted	8
la	Division 6—Transitional Provisions arising from Heritage
is	(Amendment) Act 2003	8

g	213B.	Application of amendments made by the Heritage
e	(Amendment) Act 2003 8

L 13. Statute law revision 9

n	PART 3—AMENDMENTS TO THE MAGISTRATES' COURT
a
ri	ACT 1989 10
to
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i

ts
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c
o	Victoria
D
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ta
n	No. 74 of 2003
e
m
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rl	Heritage (Amendment) Act 2003†
a	[Assented to 21 October 2003]
P
d
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a
n	The Parliament of Victoria enacts as follows:
o
ti
la	PART 1—PRELIMINARY
is
g	1. Purposes
e
L	The main purposes of this Act are—
n	(a) to amend the Heritage Act 1995—
a

ri	(i)	to increase penalties for certain
to	offences under that Act; and

ic (ii) to give the court a power to make any

order it considers appropriate to remedy

V or restrain a breach of the Act if a

Heritage (Amendment) Act 2003

Act No. 74/2003

Part 1—Preliminary

s. 2

person is found guilty or convicted of

an offence under that Act; and

ts	(iii)	to give the Magistrates' Court the power
n	to make an order permitting entry to a
e	residence, for the purpose of
m	investigating its cultural heritage
u	significance, if the residence is
c	unoccupied or if entry has been refused
o	by the occupier;

D	(b) to make further provision in the
ry	Magistrates' Court Act 1989 to enable
ta	certain indictable offences under the
Heritage Act 1995 to be tried in the
n
e	Magistrates' Court.
m	2. Commencement
ia	This Act comes into operation on the day after the
rl	day on which it receives the Royal Assent.
a
P	3. Principal Act
See:
d	Act No.

In this Act the Heritage Act 1995 is called the

n	93/1995.	Principal Act.
a	Reprint No. 3 as at
n	1 April 2001
o	and
ti	amending Act Nos
la	11/2001 and 11/2002.
is	LawToday:
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e	gov.au
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Heritage (Amendment) Act 2003

Act No. 74/2003

Part 2—Amendments to the Heritage Act 1995

s. 4

PART 2—AMENDMENTS TO THE HERITAGE ACT 1995

ts	4. National Trust entitled to notice
n	In section 78A of the Principal Act, for "78(3)"
e	substitute "78(4)".
m
u	5. Amendments to penalty provisions
c	(1) In section 124(3) of the Principal Act—
o

D	(a)	for "20 penalty units" substitute "60 penalty
ry	units"; and

ta (b) for "40 penalty units" substitute

"120 penalty units".

n

e	(2) In sections 36(13), 59(1), 107(1), 107(2), 107(3),
m	108(2), 112(1), 115(1), 115(3), 115(5), 128,
ia	130(2), 131(1), 132(1), 132(2), 133(3) and 134(1)
rl	of the Principal Act—
a	(a) for "50 penalty units" substitute
P	"120 penalty units"; and
d	(b) for "100 penalty units" substitute
n
a	"240 penalty units".
n	(3) In section 129(5) of the Principal Act—
o

ti	(a)	for "50 penalty units" substitute
la	"240 penalty units"; and
is	(b)	for "100 penalty units" substitute
g	"480 penalty units".

e	(4) In sections 109(4), 110(1), 111(6) and 113(7) of
L	the Principal Act—
n
a	(a) for "100 penalty units" substitute
ri	"240 penalty units"; and
to	(b) for "200 penalty units" substitute
ic	"480 penalty units".
V

Heritage (Amendment) Act 2003

Act No. 74/2003

Part 2—Amendments to the Heritage Act 1995

s. 6

(5) In sections 127(1) and 127(2) of the Principal

Act—

ts	(a)	for "120 penalty units" substitute
n	"600 penalty units"; and

e	(b) for "240 penalty units" substitute
m	"1200 penalty units".
u
c	(6) In sections 64(1), 64(2), 64(3), 111(1) and 164 of
o	the Principal Act—
D	(a) for "1500 penalty units" substitute
ry	"2400 penalty units"; and

ta	(b)	for "3000 penalty units" substitute
n	"4800 penalty units".

e	6. Certain activities prohibited
m
ia
rl

After section 64(4) of the Principal Act insert—

"(5) An offence against sub-section (1), (2) or (3)

a	is an indictable offence.".
P	7. Prohibition of certain activities in relation to
d	historic shipwrecks and historic shipwreck relics
n
a	After section 111(1) of the Principal Act insert—
n	"(1A) An offence against sub-section (1) is an
o
ti	indictable offence.".
la	8. New sections 150E, 150F and 150G inserted
is	After section 150D of the Principal Act insert—
g	'150E. Court order for entry to residence
e
L	(1) An inspector or a person authorised by the
n	Heritage Council ("authorised person")
a	may apply to a magistrate for an order
ri	permitting entry to a residence, other than a
to	registered place, for the purpose of
ic	investigating its cultural heritage
significance if—
V

Heritage (Amendment) Act 2003

Act No. 74/2003

Part 2—Amendments to the Heritage Act 1995

s. 8

(a) the occupier of the residence refuses to give written consent to entry under

ts	section 150(2); or
n	(b) after reasonable efforts have been made
e	by the inspector or authorised person to
m	locate the occupier, the inspector or
u	authorised person is satisfied the
c	residence is unoccupied.
o	(2) The inspector or authorised person must
D	serve a copy of an application under sub-
ry	section (1)(a) on the occupier of the
ta	residence, not later than 14 days before the
day for hearing the application.
n
e	(3) The magistrate may make an order under this
m	section if the magistrate is satisfied—
ia	(a) by evidence on oath, whether oral or by
rl	affidavit, of the matters set out in sub-
a	section (1); and
P

(b) that entry is warranted in all the

d

n	circumstances.
a	(4) An order under this section—
n	(a) must state a day, not later than 28 days
o
ti	after the making of the order, on which
la	the order ceases to have effect; and

is	(b)	may authorise an inspector or
g	authorised person named in the order
e	and any assistants the inspector or
L	authorised person considers necessary
n	to enter the residence described in the
a
ri
order.

(5) An order made under this section has effect

to	and may be enforced as if it were an order or
ic	judgment made by the Magistrates' Court
V	under the Magistrates' Court Act 1989.

Heritage (Amendment) Act 2003

Act No. 74/2003

Part 2—Amendments to the Heritage Act 1995

s. 8

(6) In this section, "residence" means a

building or part of a building ordinarily used

ts	as a residence.
n	150F. Announcement before entry of residence
e	using order
m	(1) Before attempting to enter a residence under
u	an order under section 150E, the inspector or
c	authorised person, or a person assisting the
o	inspector or authorised person—
D

(a) must announce that he or she is

ry	authorised by the order to enter the
ta	residence; and
n	(b) give any person at the residence an
e	opportunity to allow entry to the
m	residence.
ia
rl	(2) If the occupier or another person who
a	apparently represents the occupier is present
P	at a residence when the inspector or authorised person enters it under an order
d
n	under section 150E, the inspector or
a	authorised person must—
n	(a) identify himself or herself to that
o
ti	person by producing for inspection—
la	(i) his or her identity card in the case
is	of an inspector; or

(ii) the authorisation of the Heritage

g

e	Council in the case of an
L	authorised person; and
n	(b) give to that person a copy of the order.
a
ri	150G. Powers on entry using order
to	An inspector or authorised person, or a
ic	person assisting the inspector or authorised
V	person, acting in accordance with an order under section 150E may—

Heritage (Amendment) Act 2003

Act No. 74/2003

Part 2—Amendments to the Heritage Act 1995

s. 9

(a) take photographs (including video
recordings); and

ts	(b) make measurements and sketches; and
n	(c) use any other means of recording
e	information necessary for the purposes
m	of this Act.'.
u
c	9. Failure to comply with order under section 162
o	At the end of section 164 of the Principal Act
D	insert—
ry	"(2) An offence against sub-section (1) is an
ta	indictable offence.".
n	10. Prosecution of offences
e

At the end of section 175 of the Principal Act

m

insert—

ia
rl

"(2) This section does not apply to any indictable

a	offence under this Act.".
P	11. New section 183A inserted
d
n	After section 183 of the Principal Act insert—
a	"183A. Powers of court with respect to
n	contravention
o
ti	(1) If, in proceedings for an offence under this
la	Act, a person is found guilty or convicted of
is	that offence, the court may make any order
that it considers appropriate to remedy or
g
e	restrain the contravention that constitutes the
L	offence.
n	(2) Without limiting the powers of the court
a	under sub-section (1), an order made under
ri	that sub-section may—
to
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Heritage (Amendment) Act 2003

Act No. 74/2003

Part 2—Amendments to the Heritage Act 1995

s. 12

(a)

if the contravention constituting the building or the carrying out of works,

ts	require the demolition or removal of the
n	building or works; or
e

(b) if the contravention constituting the

m

u	offence has the effect of altering the
c	appearance or physical nature of a place
o	or the state of land on which there is a
D	registered place or registered object,
ry	require the restoration or reinstatement,
so far as is possible, of the place or
ta	object to the condition it was in
n	immediately before the contravention.
e

(3) An order made under this section may be

m

ia	enforced in the court by which it was made
rl	by any means available to that court of
enforcing an order made by it in a civil
a	proceeding.
P

(4) This section does not affect the operation of

d

n	section 168.".
a	12. New Division 6 of Part 10 inserted
n
o	After Division 5 of Part 10 of the Principal Act
ti	insert—
la	"Division 6—Transitional Provisions arising
is	from Heritage (Amendment) Act 2003
g
e	213B. Application of amendments made by the
L	Heritage (Amendment) Act 2003
n
a	(1) Sections 64(5), 111(1A) and 164(2) only
ri	apply to offences alleged to have been
to	committed on or after the commencement of
ic	the Heritage (Amendment) Act 2003.
V

Heritage (Amendment) Act 2003

Act No. 74/2003

Part 2—Amendments to the Heritage Act 1995

s. 13

(2) For the purposes of sub-section (1), if an

offence is alleged to have been committed

between two dates, one before and one after

ts	the commencement of the Heritage
n	(Amendment) Act 2003, the offence is
e	alleged to have been committed before that
m	commencement.".
u
c	13. Statute law revision
o	(1) Part 11 of the Principal Act is repealed.
D
(2) Schedule 2 to the Principal Act is repealed.
ry
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Heritage (Amendment) Act 2003

Act No. 74/2003

Part 3—Amendments to the Magistrates' Court Act 1989

s. 14

PART 3—AMENDMENTS TO THE MAGISTRATES' COURT

ACT 1989

ts

n	14. Amendment to Schedule 4 to the Magistrates' Court
e	Act 1989

m	See:	In item 61 of Schedule 4 to the Magistrates'
u	Act No.
51/1989.	Court Act 1989, for "Part 5" substitute "Part 4,
c	Reprint No. 9	Part 5 and Part 8".
o	as at 7 May 2003
D	and
ry	amending Act Nos
ta	27/2002, 28/2003,
n	39/2003 and 52/2003.
e	LawToday:
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ia	gov.au

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Heritage (Amendment) Act 2003

Act No. 74/2003

Endnotes

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 27 August 2003
e
Legislative Council: 7 October 2003
m
u	The long title for the Bill for this Act was "to amend the Heritage Act
c	1995 and the Magistrates' Court Act 1989 and for other purposes."
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