Museums (Aboriginal Remains) Act 1984 (TAS)

Museums (Aboriginal Remains) Act 1984

An Act to provide for the vesting of all Tasmanian Aboriginal remains presently held by the Tasmanian Museum and Art Gallery and the Queen Victoria Museum and Art Gallery in the Crown and then in trustees on behalf of the Tasmanian Aboriginal community, and for other purposes

[Royal Assent 22 November 1984]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Museums (Aboriginal Remains) Act 1984 . 2CommencementThis Act shall commence on the day on which it receives the royal assent. 3Interpretation [Section 3 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears – commencement day means the day on which this Act receives the royal assent; corporation means the Launceston City Council; Crowther collection means the remains of the bodies of original inhabitants of Tasmania excavated at Oyster Cove by and under the direction of the late William Loedwyk Crowther in or about 1909 and in the possession of the trustees on the commencement day; Queen Victoria Museum means the Queen Victoria Museum and Art Gallery referred to in Division 2 of Part 16 of the Local Government Act 1993 ; Tasmanian Museum means the Tasmanian Museum as defined by section 2 of the Tasmanian Museum Act 1950 ; trustees means the board of trustees established by section 3 of the Tasmanian Museum Act 1950 . 4Vesting of Aboriginal remains held by trustees in elders of the Tasmanian Aboriginal community (1) On the commencement day the remains of the bodies of original inhabitants of Tasmania, and the remains of the bodies of descendants of those original inhabitants, that are in the possession of the trustees shall be vested in, and become the property of, the Crown. (2) The Minister shall, as soon as is practicable after the commencement day, serve a notice on the trustees requiring them to deliver the remains referred to in subsection (1) to such elders of the Tasmanian Aboriginal community as he may direct in accordance with the terms of the notice and the trustees shall, on being so served, forthwith comply with the notice. (3)  Property in the remains referred to in subsection (1) shall vest in the elders referred to in the notice as trustees of the remains for the Tasmanian Aboriginal community when the remains are delivered to them in accordance with the notice. (4)  The notice referred to in subsection (2) shall be deemed to have been duly served on the trustees if it is served on the Director of the Tasmanian Museum. 5No action to lie against trusteesNo action, claim, suit, or demand shall lie or be allowed by or in favour of any person against the trustees or against any officer, employee, or agent of the trustees in respect of any obligation or liability for or in relation to, or arising or alleged to have arisen in connection with, the possession by the trustees of any of the remains referred to in section 4 (1) or for or in relation to anything done to or in respect of those remains by the trustees or by any officer, employee, or agent of the trustees before the remains are delivered to the elders named in the notice served on the trustees under section 4 (2) . 6Vesting of Aboriginal remains held by corporation in elders of the Tasmanian Aboriginal community (1) On the commencement day the remains of the bodies of original inhabitants of Tasmania, and the remains of the bodies of descendants of those original inhabitants, that are in the possession of the Queen Victoria Museum shall be vested in, and become the property of, the Crown. (2) The Minister shall, as soon as is practicable after the commencement day, serve a notice on the corporation requiring it to deliver the remains referred to in subsection (1) to such elders of the Tasmanian Aboriginal community as he may direct in accordance with the terms of the notice (being the same elders as he directs in the notice under section 4 (2) ) and the corporation shall, on being so served, forthwith comply with the notice. (3)  Property in the remains referred to in subsection (1) shall vest in the elders named in the notice as trustees of the remains for the Tasmanian Aboriginal community when the remains are delivered to them in accordance with the notice. (4)  [Section 6 Subsection (4) amended by No. 30 of 1995, s. 3 and Sched. 1 ]The notice referred to in subsection (2) shall be deemed to have been duly served on the corporation if it is served on the general manager of the corporation. 7No action to lie against corporationNo action, claim, suit, or demand shall lie or be allowed by or in favour of any person against the corporation or against any officer, employee, or agent of the corporation in respect of any obligation or liability for or in relation to, or arising or alleged to have arisen in connection with, the possession by the Queen Victoria Museum of any of the remains referred to in section 6 (1) or for or in relation to anything done to or in respect of those remains by the corporation or by any officer, employee, or agent of the corporation during any period that those remains were in the possession of the Queen Victoria Museum before the remains are delivered to the elders named in the notice served on the corporation under section 6 (2) . 8Cremation of remains not to be an offence for purposes of certain ActsIf the elders of the Tasmanian Aboriginal community named in the notices referred to in sections 4 (2) and 6 (2) cremate, or cause to be cremated the Crowther collection or any other remains delivered to them pursuant to this Act at the Oyster Cove Historic Site, the provisions of – (a) sections 4 and 5 of the Cremation Act 1934 and the Cremation Regulations 1963 ; (b) [Section 8 Amended by No. 17 of 2017, s. 8, Applied:16 Aug 2017] section 14(1)(a) of the Aboriginal Heritage Act 1975 ; (c) section 139 of the Criminal Code Act 1924 ; and (d) regulations 5G (b) and 8 (5) of the National Parks and Reserves Regulations 1971 – shall not apply to or with respect to the cremation of those remains, and the disposal of the ashes, at that site. 9Death, &c., of elderIf an elder of the Tasmanian Aboriginal community named in the notices referred to in sections 4 (2) and 6 (2) dies or otherwise becomes permanently incapable of acting as a trustee for the purposes of this Act, the Minister may, on the recommendation of such persons as he is satisfied represent the Tasmanian Aboriginal community, appoint another elder to be trustee of the remains in the place of that elder for the Tasmanian Aboriginal community.