Untitled document
Aboriginal Heritage Amendment Act 2016
No. 11 of 2016
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of the Aboriginal Heritage Act 2006
3Substitution of section 1
4Objectives
5Definitions
6What is an Aboriginal place?
7Substitution of section 7
8Act does not affect operation of Coroners Act 2008
9Principles
10Aboriginal ancestral remains
11Repeal of section 13
12Substitution of section 14
13Repeal of sections 15 and 16
14Reporting of Aboriginal ancestral remains by persons other than coroner
15Council must determine how to act on report
16Transfer of Aboriginal ancestral remains to Council
17New section 19A inserted
18Substitution of section 20 and new section 20A inserted
19Ownership of secret or sacred objects before the Aboriginal Heritage Amendment Act 2016
20New sections 21A and 21B inserted
21Return of secret or sacred objects by other entities
22Role of the Museums Board
23Role of Museums Board
24Harming Aboriginal cultural heritage unlawful
25Substitution of section 28
26When is harm permitted?
27Order to repair or restore Aboriginal cultural heritage
28Acquisition of Aboriginal place
29Control of activities
30New section 34A inserted
31New section 35A inserted
32Application for cultural heritage permit
33Restrictions on grant of permit
34Repeal of sections 38 and 39
35Determination of application
36Substitution of section 41 and new sections 41A to 41D inserted
37What is a cultural heritage management plan?
38Procedure for assessment
39New section 45A inserted
40Mandatory cultural heritage management plans
41Minister may require plan
42New Division 2A of Part 4 inserted
43Definitions
44Plan must be prepared before authorisation given
45Notice of intention to prepare cultural heritage management plan
46Registered Aboriginal parties may elect to evaluate plan
47Newly registered Aboriginal parties
48Engagement of heritage advisor
49Registered Aboriginal party may also advise
50New section 60A inserted
51Application to registered Aboriginal party for approval
52Decision by registered Aboriginal party
53Approval by Secretary
54Approval by Council
55New section 66A inserted
56New section 67A inserted
57What is a cultural heritage agreement?
58New Division 1A of Part 5 inserted
59New Part 5A inserted
60Cultural heritage audits, stop orders and improvement notices
61When can a cultural heritage audit be ordered?
62Conduct of cultural heritage audit
63Report of cultural heritage audit
64Notification and effect of approval
65When can a stop order be issued?
66What can a stop order do?
67How is a stop order delivered?
68Revocation of stop order
69Further stop order
70New Division 3 of Part 6 inserted
71New Division 4 of Part 6 inserted
72Meaning of dispute
73Referral of disputes for alternative dispute resolution
74Decision of VCAT
75Applicant for cultural heritage permit may apply to VCAT
76Parties to a proceeding
77Membership
78Functions of the Council
79New section 132A inserted
80Substitution of section 137 and new section 137A inserted
81Election of Chairperson and Deputy Chairperson
82Conflict of interest
83New sections 142A to 142D inserted
84Functions of the Secretary
85New section 144A inserted
86What is in the Register?
87Who may access the Register?
88New section 146A inserted
89New section 147A inserted
90Functions of a registered Aboriginal party
91Application for registration
92Determination of application for registration
93New section 154A inserted
94Suspension and revocation of registration
95New section 158A inserted
96New Part 10A inserted
97Authorised officers
98Functions of authorised officers
99Appointment of authorised officers
100Re-appointment of authorised officers
101Suspension and revocation of appointment
102Cessation of appointment
103Identity cards
104Authorised officer to produce identity card
105New Division 1A of Part 11 inserted
106Powers of authorised officers and Aboriginal heritage officers
107General power to enter land or premises
108Obtaining the consent of the occupier
109Power to enter land or premises open to public
110Power to enter land or premises for audit
111Search powers upon entry
112Seizure powers on entry without search warrant
113Seizure power without consent
114Search warrants
115Announcement before entry
116Copy of search warrant to be given to occupier
117Receipt of seized things
118Security of seized things
119Seizure of Aboriginal ancestral remains or object
120Substitution of section 179
121Authorised officer or Aboriginal heritage officer may require giving of name and address
122Authorised officer or Aboriginal heritage officer may require information
123Authorised officer may take affidavits
124Report to be given about entry
125Person must not impersonate, obstruct or hinder authorised officer or Aboriginal heritage officer
126Evidence
127New sections 187A and 187B inserted
128Heritage advisor
129Tax and rate remissions
130Report on operation of Act
131Review of operation of Act
132Regulations
133New section 198 inserted
134Insertion of Notes
Part 3—Amendment of the Borrowing and Investment Powers Act 1987
135Schedule 1 to the Borrowing and Investment Powers Act 1987
Part 4—Amendment of the Cemeteries and Crematoria Act 2003
136Definitions
137New section 141A inserted
Part 5—Amendment of the Coroners Act 2008
138Definitions
139New section 16A inserted
140Preliminary examinations
Part 6—Repeal of Amending Act
141Repeal
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Endnotes
1 General information
Aboriginal Heritage Amendment Act 2016
No. 11 of 2016
[Assented to 5 April 2016]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Aboriginal Heritage Act 2006—
(i)to improve the reporting requirements in relation to Aboriginal cultural heritage; and
(ii)to include provisions regarding Aboriginal intangible heritage; and
(iii)to establish an Aboriginal Cultural Heritage Fund; and
(iv)to provide for the further protection of Aboriginal cultural heritage; and
(b)to amend the Borrowing and Investment Powers Act 1987, the Cemeteries and Crematoria Act 2003 and the Coroners Act 2008 to make other amendments to provide for the further protection of Aboriginal cultural heritage.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 August 2016, it comes into operation on that day.
PART 2—AMENDMENT OF THE ABORIGINAL HERITAGE ACT 2006
3Substitution of section 1
For section 1 of the Aboriginal Heritage Act 2006 substitute—
"1 Purposes
The main purposes of this Act are—
(a)to provide for the protection of Aboriginal cultural heritage and Aboriginal intangible heritage in Victoria; and
(b)to empower traditional owners as protectors of their cultural heritage on behalf of Aboriginal people and all other peoples; and
(c)to strengthen the ongoing right to maintain the distinctive spiritual, cultural, material and economic relationship of traditional owners with the land and waters and other resources with which they have a connection under traditional laws and customs; and
(d)to promote respect for Aboriginal cultural heritage, contributing to its protection as part of the common heritage of all peoples and to the sustainable development and management of land and of the environment.".
4Objectives
(1)For section 3(c) of the Aboriginal Heritage Act 2006 substitute—
"(c)to accord appropriate status to traditional owners, including a preference to appoint traditional owner bodies corporate as registered Aboriginal parties;".
(2)In section 3(j) of the Aboriginal Heritage Act 2006, for "heritage." substitute "heritage;".
(3)After section 3(j) of the Aboriginal Heritage Act 2006 insert—
"(k)to recognise, protect and conserve Aboriginal intangible heritage by recording it on the Victorian Aboriginal Heritage Register.".
5Definitions
(1)In section 4(1) of the Aboriginal Heritage Act 2006 insert the following definitions—
"Aboriginal ancestral remains means the whole or part of the bodily remains of an Aboriginal person but does not include—
(a)a body, or the remains of a body, buried in a public cemetery that is still used for the interment of human remains; or
(b)an object made from human hair or from any other bodily material that is not readily recognisable as being bodily material; or
(c)any human tissue—
(i)dealt with or to be dealt with in accordance with the Human Tissue Act 1982 or any other law of a State, a Territory or the Commonwealth relating to medical treatment or the use of human tissue; or
(ii)otherwise lawfully removed from an Aboriginal person;
Aboriginal Cultural Heritage Fund means the fund established under Part 10A;
Aboriginal cultural heritage land management agreement means an agreement entered into under Division 1A of Part 5;
Aboriginal heritage officer means a person appointed as an Aboriginal heritage officer under Division 1A of Part 11;
Aboriginal intangible heritage has the meaning given by section 79B;
Aboriginal intangible heritage agreement means an agreement entered into under Part 5A;
Aboriginal person means a person belonging to the indigenous peoples of Australia;
authorised officer means a person appointed as anauthorised officer under Division 1 of Part11;
Catchment Management Authority means an Authority within the meaning of the Catchment and Land Protection Act 1994;
committee of management means a committee of management appointed under the CrownLand (Reserves) Act 1978;
coroner has the same meaning as in the Coroners Act 2008;
Department means the Department of Premier and Cabinet;
environmental and ecological knowledge, in relation to Aboriginal tradition, includes knowledge of medicinal and other properties of flora and fauna, minerals and other elements of the environment;
Executive Director of Heritage Victoria means the Executive Director within the meaning of the Heritage Act 1995;
heritage advisor means a person who has the qualifications and experience, or experience or knowledge, required under section 189;
heritage place has the same meaning as in the Heritage Act 1995;
land use activity agreement has the same meaning as in the Traditional Owner Settlement Act 2010;
municipal council means a Council within the meaning of the Local Government Act1989;
Parks Victoria has the same meaning as in the Parks Victoria Act 1998;
preliminary Aboriginal heritage test means a test prepared under Division 2A of Part 4;
public cemetery has the same meaning as in the Cemeteries and Crematoria Act 2003;
public land manager means any of the following—
(a)a committee of management;
(b)the Secretary to the Department of Environment, Land, Water and Planning;
(c)a municipal council;
(d)Parks Victoria;
(e)VicRoads;
(f)VicTrack;
(g)a water authority;
registered Aboriginal intangible heritage agreement means an Aboriginal intangible heritage agreement recorded by the Secretary in the Register;
registered Aboriginal intangible heritage means Aboriginal intangible heritage recorded by the Secretary in the Register;
rehabilitate, in relation to land, means works using hand tools—
(a)to improve the condition of the land; or
(b)to prevent degradation or erosion of the land; or
(c)to revegetate the land;
secret or sacred object includes an Aboriginal object directly associated with a traditional Aboriginal burial;
survey for Aboriginal cultural heritage means—
(a)a survey of land, other than by disturbing or excavating the land, to discover Aboriginal cultural heritage; or
(b)a survey of land for the purposes of a preliminary Aboriginal heritage test;
24-hour stop order means a 24-hour stop order issued under Division 3 of Part 6;
traditional owner has the meaning given by section 7;
university means any of the following—
(a)Australian Catholic University;
(b)Deakin University;
(c)Federation University Australia;
(d)La Trobe University;
(e)Monash University;
(f)Royal Melbourne Institute of Technology;
(g)Swinburne University of Technology;
(h)The University of Melbourne;
(i)Victoria University;
VicRoads means the Roads Corporation within the meaning of section 3 of the TransportIntegration Act 2010;
VicTrack means Victorian Rail Track established by section 8 of the Rail Corporations Act 1996 and continued under section 116 of the Transport Integration Act 2010;
water authority means an Authority within the meaning of the Water Act 1989;".
(2)In section 4(1) of the Aboriginal Heritage Act2006, in the definition of Aboriginal cultural heritage, for "human" substitute "ancestral".
(3)In section 4(1) of the Aboriginal Heritage Act2006, in the definition of Aboriginal object—
(a)in paragraph (a)(ii), for "the Aboriginal people of Victoria" substitute "Aboriginal people generally or of a particular community or group of Aboriginal people in Victoria"; and
(b)in paragraph (b)(ii), for "the Aboriginal people of Victoria" substitute "Aboriginal people generally or of a particular community or group of Aboriginal people in Victoria"; and
(c)in paragraph (d), for "human" substitute "ancestral".
(4)In section 4(1) of the Aboriginal Heritage Act 2006, in the definition of Aboriginal tradition—
(a)in paragraph (a), after "traditions," insert "knowledge,"; and
(b)in paragraph (b), after "traditions," insert "knowledge,".
(5)In section 4(1) of the Aboriginal Heritage Act 2006, for the definition of harm substitute—
"harm, in relation to Aboriginal cultural heritage, includes damage, deface, desecrate, destroy, disturb, injure or interfere with;".
(6)In section 4(1) of the Aboriginal Heritage Act 2006, in the definition of native title agreement, after "Act" insert "that is made between a group of Aboriginal persons and the Minister on behalf of the State".
(7)In section 4(1) of the Aboriginal Heritage Act 2006, in the definition of sell—
(a)in paragraph (d), for "exchange;" substitute "exchange; or"; and
(b)after paragraph (d) insert—
"(e)do anything referred to in paragraphs(a) to (d) through an onlineauction house;".
(8)In section 4(1) of the Aboriginal Heritage Act 2006, in the definition of stop order, after "under" insert "Division 2 of".
(9)In section 4(1) of the Aboriginal Heritage Act 2006, the definitions of Aboriginal person, Aboriginal human remains, buy, cultural heritage advisor, Department, inspector and traditional or familial links are repealed.
(10)In section 4(2) of the Aboriginal Heritage Act 2006, for "Department for Victorian Communities" substitute "Department of Premier and Cabinet".
6What is an Aboriginal place?
(1)In section 5(1) of the Aboriginal Heritage Act 2006, for "the Aboriginal people of Victoria" substitute "Aboriginal people generally or of a particular community or group of Aboriginal people in Victoria".
(2)In section 5(2)(f) of the Aboriginal Heritage Act 2006, for "human" substitute "ancestral".
7Substitution of section 7
For section 7 of the Aboriginal Heritage Act 2006 substitute—
"7 Traditional owners
(1)For the purposes of this Act, a person is a traditional owner of an area if—
(a)the person is an Aboriginal person with particular knowledge about traditions, observances, customs or beliefs associated with the area; and
(b)the person—
(i)has responsibility under Aboriginal tradition for significant Aboriginal places located in, or significant Aboriginal objects originating from, the area; or
(ii)is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for significant Aboriginal places located in, or significant Aboriginal objects originating from, the area.
(2)For the purposes of this Act, a person is a traditional owner of Aboriginal ancestral remains if the person is an Aboriginal person who—
(a)has responsibility under Aboriginal tradition for the remains; and
(b)is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for the remains.
(3)For the purposes of this Act, a person is a traditional owner of a secret or sacred object if the person is an Aboriginal person who—
(a)has responsibility under Aboriginal tradition for the object; and
(b)is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for the object.".
8Act does not affect operation of Coroners Act 2008
In section 9 of the Aboriginal Heritage Act 2006, for "Nothing" substitute "Subject to section 19A, nothing".
9Principles
(1)In section 12(a) of the Aboriginal Heritage Act 2006, for "owned by Aboriginal people withtraditional or familial links to" substitute "owned by and returned to traditional owners of".
(2)In section 12(a)(i) of the Aboriginal Heritage Act 2006, for "human" substitute "ancestral".
(3)After section 12(a) of the Aboriginal Heritage Act 2006 insert—
"(aa)as far as practicable, registered Aboriginal intangible heritage should be owned by any registered Aboriginal party, registered native title holder or traditional owner group entity applying to register that heritage on behalf of traditional owners of the area from which the Aboriginal intangible heritage is reasonably believed to have originated;".
(4)At the end of section 12 of the Aboriginal Heritage Act 2006 insert—
"(2)In this section—
own includes collective ownership and custodianship as understood by traditional owners in accordance with Aboriginal tradition.".
10Aboriginal ancestral remains
For the heading to Division 2 of Part 2 of the Aboriginal Heritage Act 2006 substitute—
"Division 2—Aboriginal ancestral remains
Note
Section 13 of this Act, as in force before its repeal by section 11 of the Aboriginal Heritage Amendment Act 2016, made certain Aboriginal people the owners of Aboriginal ancestral remains.".
11Repeal of section 13
Section 13 of the Aboriginal Heritage Act 2006 is repealed.
12Substitution of section 14
For section 14 of the Aboriginal Heritage Act 2006 substitute—
"14 Reporting and transfer of Aboriginal ancestral remains in custody of public entities and universities
(1)Within 2 years of the commencement of section 12 of the Aboriginal HeritageAmendment Act 2016, a public entity or a university must—
(a)notify the Council in writing of any Aboriginal ancestral remains that are in its possession on the commencement of that section; and
(b)give a report in the prescribed form to the Council, including a list and details of the Aboriginal ancestral remains.
Penalty:3000 penalty units.
Note
Section 187A applies to an offence against this subsection.
(2)The Council must, within 90 days of receiving a report under subsection (1), give notice of the report—
(a)to any relevant traditional owner of the Aboriginal ancestral remains referred to in the report; and
(b)to any relevant registered Aboriginal party.
(3)A public entity or a university must take all reasonable steps to transfer the Aboriginal ancestral remains into the custody of the Council as soon as practicable after giving a report to the Council under subsection (1).
(4)This section applies in addition to any other provision of this Act relating to the reporting and transfer of Aboriginal ancestral remains to the Council.
(5)In this section—
public entity has the same meaning as in the Public Administration Act 2004.".
13Repeal of sections 15 and 16
Sections 15 and 16 of the Aboriginal Heritage Act 2006 are repealed.
14Reporting of Aboriginal ancestral remains by persons other than coroner
(1)In the heading to section 17 of the Aboriginal Heritage Act 2006, for "human remains" substitute "ancestral remains by persons other than coroner".
(2)In section 17(1)(b) of the Aboriginal Heritage Act 2006, for "Aboriginal human" substitute "Aboriginal ancestral".
(3)For section 17(2) of the Aboriginal Heritage Act 2006 substitute—
"(2)This section does not apply to an Aboriginal person—
(a)who is the rightful owner of the Aboriginal ancestral remains; or
(b)who reasonably believes that transferring the remains would be contrary to Aboriginal tradition.".
(4)In section 17(3)(a) of the Aboriginal Heritage Act 2006, for "Secretary" substitute "Council".
(5)In section 17(3)(b) of the Aboriginal Heritage Act 2006, for "Secretary" (where twice occurring) substitute "Council".
(6)At the foot of section 17(3) of the Aboriginal Heritage Act 2006 insert—
"Note
Section 187A applies to an offence against this subsection.".
(7)In section 17(4) of the Aboriginal Heritage Act 2006, for "Secretary" substitute "Council".
15Council must determine how to act on report
(1)In the heading to section 18 of the Aboriginal Heritage Act 2006, for "Secretary" substitute "Council".
(2)In section 18(1) of the Aboriginal Heritage Act 2006, for "Secretary" substitute "Council".
(3)In section 18(1)(b) of the Aboriginal Heritage Act 2006, for "human" substitute "ancestral".
(4)In section 18(2) of the Aboriginal Heritage Act 2006, for "Secretary" substitute "Council".
(5)In section 18(2)(b) of the Aboriginal Heritage Act 2006—
(a)for "Secretary" substitute "Council"; and
(b)for "human" (where twice occurring) substitute "ancestral".
16Transfer of Aboriginal ancestral remains to Council
(1)In the heading to section 19 of the Aboriginal Heritage Act 2006, for "human remains to Secretary" substitute "ancestral remains to Council".
(2)In section 19(1)(a) of the Aboriginal Heritage Act 2006, for "human" substitute "ancestral".
(3)In section 19(1)(b) of the Aboriginal Heritage Act 2006, for "human remains are Aboriginal human" substitute "Aboriginal ancestral remains are Aboriginal ancestral".
(4)In section 19(1)(d) of the Aboriginal Heritage Act 2006, for "human remains." substitute "ancestral remains; or".
(5)After section 19(1)(d) of the Aboriginal Heritage Act 2006 insert—
"(e)to an Aboriginal person who reasonably believes that transferring the Aboriginal ancestral remains would be contrary to Aboriginal tradition; or
(f)to a coroner.".
(6)In section 19(2) of the Aboriginal Heritage Act 2006—
(a)for "human" substitute "ancestral"; and
(b)for "Secretary" substitute "Council".
(7)At the foot of section 19(2) of the Aboriginal Heritage Act 2006 insert—
"Note
Section 187A applies to an offence against this subsection.".
17New section 19A inserted
After section 19 of the Aboriginal Heritage Act 2006 insert—
"19A Transfer of Aboriginal ancestral remains to Council by coroner
A coroner who has reported to the Council that a body is, or is likely to be, Aboriginal ancestral remains must, as soon as practicable, transfer the remains into the custody of the Council.
Note
A coroner is required under sections 16A and 23(4) of the Coroners Act 2008 to report to the Council if, in investigating a death, the coroner believes that the body is, or is likely to be, Aboriginal ancestral remains, or if a preliminary examination performed by a medical investigator determines that the body is, or is likely to be, Aboriginal ancestral remains.".
18Substitution of section 20 and new section 20A inserted
For section 20 of the Aboriginal Heritage Act 2006 substitute—
"20 What must the Council do with transferred Aboriginal ancestral remains?
(1)If Aboriginal ancestral remains are transferred to the Council under sections 14, 19, 19A or 178, the Council must—
(a)transfer the remains to any relevant traditional owner of the remains, or to any relevant registered Aboriginal party that the Council is satisfied is entitled to and willing to take possession, custody or control of the remains; or
(b)transfer the remains to the Museums Board for safekeeping; or
(c)otherwise deal with the remains as the Council thinks appropriate.
(2)The Museums Board must accept for safekeeping any Aboriginal ancestral remains transferred to the Board under subsection (1).
20AReporting of interment of Aboriginal ancestral remains outside of an Aboriginal place
A person who inters Aboriginal ancestral remains outside of an Aboriginal place must, as soon as practicable, report the location of the interment to the Secretary.".
19Ownership of secret or sacred objects before the Aboriginal Heritage Amendment Act 2016
(1)In the heading to section 21 of the Aboriginal Heritage Act 2006, after "objects" insert "before the Aboriginal Heritage Amendment Act 2016".
(2)In section 21(1)(b) of the Aboriginal Heritage Act 2006, after "that commencement" insert "but before the commencement of section 20 of the Aboriginal Heritage Amendment Act 2016".
20New sections 21A and 21B inserted
After section 21 of the Aboriginal Heritage Act 2006 insert—
"21A Ownership of secret or sacred objects after the Aboriginal Heritage Amendment Act 2016
(1)This section applies to an Aboriginal object that is a secret or sacred object that—
(a)is, on the commencement of this section, in the custody of a person (other than an Aboriginal person who is the rightful owner of the object) or, after that commencement, comes into the custody of that person; or
(b)on or after the commencement of this section, comes into the custody of a State entity.
(2)The traditional owners of an area in which the object is reasonably believed to have originated, if they are not already the owners of the object, become the owners—
(a)if the object was in the custody of a person (other than an Aboriginal person who is the rightful owner of the object) on the commencement of this section, on that commencement; or
(b)if the object was in the custody of a State entity on the commencement of this section, on that commencement; or
(c)in any other case, when the object comes into the custody of the person or the State entity.
(3)A person who has custody of an Aboriginal object that is a secret or sacred object but who is not the owner of the object must, as soon as practicable, take all reasonable steps to transfer the object into the custody of the Council.
Penalty:In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
Note
Section 187A applies to an offence against this subsection.
21BWhat must the Council do with transferred secret or sacred objects?
(1)If an Aboriginal object that is a secret or sacred object is transferred to the Council under section 21A, the Council must—
(a)transfer the object to an Aboriginal person or a registered Aboriginal party that the Council is satisfied is entitled to and willing to take possession, custody or control of the object; or
(b)transfer the object to the Museums Board for safekeeping; or
(c)otherwise deal with the object as the Council thinks appropriate.
(2)The Museums Board must accept for safekeeping any object transferred to the Board under subsection (1).".
21Return of secret or sacred objects by other entities
(1)In section 23 of the Aboriginal Heritage Act 2006, for "An Aboriginal person with traditional or familial links to" substitute "Atraditional owner of".
(2)In section 23(a) of the Aboriginal Heritage Act 2006, for "his or her own initiative" substitute "the initiative of the traditional owner".
(3)In section 23(b) of the Aboriginal Heritage Act 2006, for "person" substitute "traditional owner".
22Role of the Museums Board
In the heading to Division 5 of Part 2 of the Aboriginal Heritage Act 2006 omit "of Victoria".
23Role of Museums Board
(1)In the heading to section 26 of the Aboriginal Heritage Act 2006 omit "of Victoria".
(2)After section 26(2) of the Aboriginal Heritage Act 2006 insert—
"(2A)Subsection (1) does not apply to any Aboriginal ancestral remains or secret or sacred Aboriginal objects transferred to the Museums Board for safekeeping under this Act.".
(3)In section 26(3) of the Aboriginal Heritage Act 2006, for "human" substitute "ancestral".
24Harming Aboriginal cultural heritage unlawful
(1)For section 27(1) of the Aboriginal Heritage Act 2006 substitute—
"(1)A person is guilty of an offence if—
(a)the person by an act or omission harms Aboriginal cultural heritage; and
(b)at the time of the act or omission the person knew that the act or omission was likely to harm Aboriginal cultural heritage.".
(2)For section 27(3) of the Aboriginal Heritage Act 2006 substitute—
"(3)A person is guilty of an offence if—
(a)the person by an act or omission harms Aboriginal cultural heritage; and
(b)at the time of the act or omission the person was reckless as to whether the act or omission was likely to harm Aboriginal cultural heritage.".
(3)For section 27(5) of the Aboriginal Heritage Act 2006 substitute—
"(5)A person is guilty of an offence if—
(a)the person by an act or omission harms Aboriginal cultural heritage; and
(b)at the time of the act or omission the person was negligent as to whether the act or omission was likely to harm Aboriginal cultural heritage.".
(4)For the note at the foot of section 27 of the Aboriginal Heritage Act 2006 substitute—
"Notes
1. The provisions of Division 12 of Part I of the Crimes Act 1958 (which deal with attempts) apply to indictable offences against this Act.
2. Section 187A applies to an offence against subsection (1), (3) or (5).".
25Substitution of section 28
For section 28 of the Aboriginal Heritage Act 2006 substitute—
"28 A person must not harm Aboriginal cultural heritage
A person must not do an act that harms or is likely to harm Aboriginal cultural heritage.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
Note
Section 187A applies to an offence against this section.".
26When is harm permitted?
(1)After section 29(a)(i) of the Aboriginal Heritage Act 2006 insert—
"(ia)in accordance with an Aboriginal cultural heritage land management agreement; or".
(2)In section 29(b) of the Aboriginal Heritage Act 2006, after "plan" insert "or an Aboriginal cultural heritage land management agreement".
(3)In section 29(c) of the Aboriginal Heritage Act 2006, for "emergency." substitute "emergency; or".
(4)After section 29(c) of the Aboriginal Heritage Act 2006 insert—
"(d)the person is a coroner or a person assisting the coroner who does the act in the course of determining whether human remains are Aboriginal ancestral remains.".
27Order to repair or restore Aboriginal cultural heritage
In section 30(3) of the Aboriginal Heritage Act 2006, for "rehabilitation" substitute "restoration".
28Acquisition of Aboriginal place
In section 31(4) of the Aboriginal Heritage Act 2006, for "human" substitute "ancestral".
29Control of activities
(1)In section 34(1)(c) of the Aboriginal Heritage Act 2006 omit "buy or".
(2)For the note at the foot of section 34(1) of the Aboriginal Heritage Act 2006 substitute—
"Notes
1. Certain permits cannot be obtained in relation to Aboriginal ancestral remains or secret or sacred Aboriginal objects: see section 37(1). The protection of Aboriginal ancestral remains and secret or sacred Aboriginal objects is dealt with in Part 2.
2. Section 187A applies to an offence against this subsection.".
(3)In section 34(2)(a) of the Aboriginal Heritage Act 2006, after "Part 4" insert "or an Aboriginal cultural heritage land management agreement".
(4)In section 34(2)(b) of the Aboriginal Heritage Act 2006, after "plan" insert "or an Aboriginal cultural heritage land management agreement".
30New section 34A inserted
After section 34 of the Aboriginal Heritage Act 2006 insert—
"34A Surveys for Aboriginal cultural heritage
(1)A person intending to carry out a survey for Aboriginal cultural heritage must give written notice of the person's intention to carry out the survey—
(a)to each relevant registered Aboriginal party; and
(b)to the Secretary (unless the Secretary is the person intending to carry out the survey); and
(c)to the owner or occupier of any land within the area to which the survey relates.
(2)A notice under subsection (1) must—
(a)contain the name and contact details of the person intending to carry out the survey for Aboriginal cultural heritage; and
(b)contain a description of the proposed activity to which the survey relates; and
(c)clearly identify the area in respect of which the survey is to be prepared; and
(d)specify the dates within which the survey is proposed to be undertaken.
(3)On receiving a notice under subsection (1), a registered Aboriginal party may, within 14 days, notify the person intending to carry out the survey whether the party wishes to participate in the survey.
(4)A registered Aboriginal party that notifies the person under subsection (3) may participate in the conduct of the survey.
(5)A person who carries out a survey for Aboriginal cultural heritage must give a copy of any relevant documentation to the Secretary for recording on the Register by the earlier of—
(a)30 days after producing the final report relating to the survey; or
(b)within 12 months after giving notice under subsection (1).
Penalty:In the case of a natural person, 10 penalty units;
In the case of a body corporate, 50 penalty units.
Note
Section 187A applies to an offence against this subsection.
(6)If a person intending to carry out a survey for Aboriginal cultural heritage gives a notice under subsection (1) but does not carry out the survey, the person must notify the Secretary that the survey was not carried out.
(7)This section does not apply to a person intending to carry out—
(a)a survey for Aboriginal cultural heritage within an area to which an Aboriginal cultural heritage land management agreement applies; or
(b)a survey for the purposes of a cultural heritage management plan.
(8)In this section—
relevant documentation means any site records, photographs, maps and plans relating to the survey for Aboriginal cultural heritage, and a copy of any final report.".
31New section 35A inserted
Before section 36 of the Aboriginal Heritage Act 2006 insert—
"35A Definition
In this Division—
approval body, in relation to an application for a cultural heritage permit, means—
(a)a relevant registered Aboriginal party; or
(b)if there is no relevant registered Aboriginal party—the Secretary; or
(c)if the applicant is a registered Aboriginal party or the Secretary—the Council.".
32Application for cultural heritage permit
(1)In section 36(1) of the Aboriginal Heritage Act 2006, for "the Secretary" substitute "an approval body".
(2)For section 36(1)(b) of the Aboriginal Heritage Act 2006 substitute—
"(b)carry out research on an Aboriginal place or Aboriginal object, including the removal of an Aboriginal object from Victoria for the purposes of that research;".
(3)In section 36(1)(d) of the Aboriginal HeritageAct 2006 omit "buy or".
(4)In section 36(1)(e) of the Aboriginal HeritageAct 2006, for "Victoria." substitute "Victoria;".
(5)After section 36(1)(e) of the Aboriginal HeritageAct 2006 insert—
"(f)rehabilitate land at an Aboriginal place, including land containing burial grounds for Aboriginal ancestral remains;
(g)inter Aboriginal ancestral remains at an Aboriginal place.".
33Restrictions on grant of permit
(1)For section 37(1) of the Aboriginal Heritage Act 2006 substitute—
"(1)A cultural heritage permit authorising the applicant to do anything referred to in section 36(1)(c) to (e) must not be granted in respect of Aboriginal ancestral remains or an Aboriginal object that is a secret or sacred Aboriginal object.".
(1A)The Secretary must consult with the Council before issuing a cultural heritage permit if the Secretary is the approval body and the application is for a permit to do anything referred to in section 36(1)(a) and (b) in respect of Aboriginal ancestral remains.".
(2)After section 37(2) of the Aboriginal Heritage Act 2006 insert—
"(3)A cultural heritage permit must not be granted in respect of Aboriginal intangible heritage.".
34Repeal of sections 38 and 39
Sections 38 and 39 of the Aboriginal Heritage Act 2006 are repealed.
35Determination of application
(1)For section 40(1) of the Aboriginal Heritage Act 2006 substitute—
"(1)An approval body must consider every application for a cultural heritage permit to that body.".
(2)In section 40(2) of the Aboriginal Heritage Act 2006, for "the Secretary" substitute "theapproval body".
(3)For section 40(3) of the Aboriginal Heritage Act 2006 substitute—
"(3)An approval body must decide to grant or refuse to grant a cultural heritage permit within 30 days of receiving an application.
(3A)An approval body may request the applicant to provide any additional information that the body reasonably considers necessary to assist the body's decision.
(3B)A request under subsection (3A) must be made in writing and include the following information—
(a)the information to be provided;
(b)the date by which the information is to be provided, being at least 30 days after the request;
(c)a statement that the application will lapse if the information is not provided by that date.
(3C)The period referred to in subsection (3)—
(a)ceases to run when the approval body requests the additional information; and
(b)recommences to run when the information is provided to the approval body.
(3D)The period referred to in subsection (3)—
(a)ceases to run when the Secretary consults with the Council under subsection (3G); and
(b)recommences to run when the Council gives written advice to the Secretary or after 30 days, whichever is earlier.
(3E)If the approval body fails to decide to grant or refuse to grant a cultural heritage permit in accordance with this section, the approval body is taken to have refused to grant the permit.
(3F)If the approval body is the Secretary, the Secretary must consult with, and consider the views of, any Aboriginal person or Aboriginal body that the Secretary considers relevant when considering the application.
(3G)If the application is to rehabilitate land containing burials of Aboriginal ancestral remains or to inter Aboriginal ancestral remains, and there is no relevant registered Aboriginal party, the Secretary must consult with the Council when considering the application.".
(4)In section 40(4) of the Aboriginal Heritage Act 2006, for "Secretary" substitute "approvalbody".
36Substitution of section 41 and new sections 41A to 41D inserted
For section 41 of the Aboriginal Heritage Act 2006 substitute—
"41 Conditions on cultural heritage permits
(1)The approval body may include in the cultural heritage permit any conditions that the body reasonably considers appropriate, including—
(a)a condition that the activity authorised by the cultural heritage permit be supervised by a heritage advisor; or
(b)a condition that any Aboriginal cultural heritage found in the course of the activity authorised by the cultural heritage permit be conserved in a way specified in the permit; or
(c)a condition that specified things are to be done to the satisfaction of the approval body.
(2)The approval body must not include in the cultural heritage permit a condition that the applicant pay or give money or money's worth to the registered Aboriginal party.
41AOffence to fail to comply with cultural heritage permit
The holder of a cultural heritage permit must comply with the conditions of the permit.
Penalty:In the case of a natural person, 60penalty units;
In the case of a body corporate, 150 penalty units.
Note
Section 187A applies to an offence against this section.
41BTransfer of cultural heritage permits
(1)The holder of a cultural heritage permit may transfer the permit to another person with the written approval of the approval body.
(2)If the approval body is the Secretary, the Secretary must consult with, and consider the views of, any Aboriginal person or Aboriginal body that the Secretary considers relevant before approving the transfer of a cultural heritage permit.
41CAmendments to cultural heritage permits
This Division applies to a proposed amendment to a cultural heritage permit as if the proposed amendment were an application for a cultural heritage permit.
41DTaking effect of cultural heritage permits
A cultural heritage permit takes effect when a copy of the permit is lodged with the Secretary after being approved by the approval body.".
37What is a cultural heritage management plan?
In section 42(1)(b)(ii) of the Aboriginal Heritage Act 2006, for "recommendations for measures to be taken" substitute "conditions to be complied with".
38Procedure for assessment
For section 43(2)(b) of the Aboriginal Heritage Act 2006 substitute—
"(b)a survey for Aboriginal cultural heritage; and".
39New section 45A inserted
After section 45 of the Aboriginal Heritage Act 2006 insert—
"45A Amendments to approved cultural heritage management plans
(1)Subject to subsection (2), this Division applies to a proposed amendment to an approved cultural heritage management plan as if the proposed amendment were a new cultural heritage management plan.
(2)An assessment of an area under section 42(1)(a) is not required for a proposed amendment to an approved cultural heritage management plan if the assessment for the purposes of the cultural heritage management plan before it was approved included the matters specified in the proposed amendment.".
40Mandatory cultural heritage management plans
(1)In section 46(d) of the Aboriginal Heritage Act 2006, for "49A." substitute "49A; or".
(2)After section 46(d) of the Aboriginal Heritage Act 2006 insert—
"(e)the Secretary receives an application for the certification of a preliminary Aboriginal heritage test determining that a proposed activity requires the preparation of a cultural heritage management plan, and the Secretary certifies that the test is correct.".
(3)At the end of section 46 of the Aboriginal Heritage Act 2006 insert—
"(2)A person is guilty of an offence if—
(a)the person commences an activity for which a cultural heritage management plan is required under this Part; and
(b)a cultural heritage management plan for the activity has not been approved under Division 5; and
(c)at the time of commencing the activity, the person knew the activity required a cultural heritage management plan.
(3)A person who is guilty of an offence under subsection (2) is liable to a penalty not exceeding—
(a)in the case of a natural person, 240 penalty units;
(b)in the case of a body corporate, 1200 penalty units.
(4)A person is guilty of an offence if—
(a)the person commences an activity for which a cultural heritage management plan is required under this Part; and
(b)a cultural heritage management plan for the activity has not been approved under Division 5; and
(c)at the time of commencing the activity, the person was reckless as to whether the activity required a cultural heritage management plan.
(5)A person who is guilty of an offence under subsection (4) is liable to a penalty not exceeding—
(a)in the case of a natural person, 120 penalty units;
(b)in the case of a body corporate, 600 penalty units.
(6)A person is guilty of an offence if—
(a)the person commences an activity for which a cultural heritage management plan is required under this Part; and
(b)a cultural heritage management plan for the activity has not been approved under Division 5; and
(c)at the time of commencing the activity, the person was negligent as to whether the activity required a cultural heritage management plan.
(7)A person who is guilty of an offence under subsection (6) is liable to a penalty not exceeding—
(a)in the case of a natural person, 60 penalty units;
(b)in the case of a body corporate, 300 penalty units.
Note
Section 187A applies to an offence against subsection (2), (4) or (6).".
41Minister may require plan
Section 48(2) of the Aboriginal Heritage Act 2006 is repealed.
42New Division 2A of Part 4 inserted
After Division 2 of Part 4 of the Aboriginal Heritage Act 2006 insert—
"Division 2A—Preliminary Aboriginal heritage tests
49BApplication for certification of preliminary Aboriginal heritage test
(1)A person proposing an activity may prepare a preliminary Aboriginal heritage test for the purposes of determining whether the proposed activity requires the person to prepare a cultural heritage management plan.
(2)A person who prepares a preliminary Aboriginal heritage test may apply to the Secretary for certification of the test.
(3)An application under subsection (2) must be made in the prescribed form and be accompanied by the prescribed fee (if any).
49CCertification of preliminary Aboriginal heritage test
(1)After receiving an application for the certification of a preliminary Aboriginal heritage test under section 49B, the Secretary must certify that the test is correct or refuse to certify the test.
(2)The Secretary must certify a preliminary Aboriginal heritage test or refuse to certify the test within 21 days of receiving the application.
(3)The Secretary may request the applicant to provide any additional information that the Secretary reasonably considers necessary to assist the Secretary's decision.
(4)A request under subsection (3) must be made in writing and include the following information—
(a)the information to be provided;
(b)the date by which the information is to be provided, being at least 30 days after the request;
(c)a statement that the application will lapse if the information is not provided by that date.
(5)The period referred to in subsection (2)—
(a)ceases to run when the Secretary requests the additional information; and
(b)recommences to run when the information is provided to the Secretary.".
43Definitions
(1)In section 50 of the Aboriginal Heritage Act 2006, in the definition of earth resource authorisation, for paragraph (e) substitute—
"(e)a written consent given under section 193 of the Greenhouse Gas GeologicalSequestration Act 2008;".
(2)In section 50 of the Aboriginal Heritage Act 2006, in the definition of earth resource law,for paragraph (e) substitute—
"(e)the Greenhouse Gas Geological Sequestration Act 2008;".
44Plan must be prepared before authorisation given
After section 52(5) of the Aboriginal Heritage Act 2006 insert—
"(5A)This section applies to a proposed amendment to an approved cultural heritage management plan as if the proposed amendment were a new cultural heritage management plan.".
45Notice of intention to prepare cultural heritage management plan
(1)In section 54(1)(c) of the Aboriginal Heritage Act 2006, for "relates." substitute "relates; and".
(2)After section 54(1)(c) of the Aboriginal Heritage Act 2006 insert—
"(d)to any municipal council whose municipal district includes an area to which the plan relates.".
(3)In section 54(3)(d) of the Aboriginal Heritage Act 2006, for "prepared." substitute "prepared;and".
(4)After section 54(3)(d) of the Aboriginal Heritage Act 2006 insert—
"(e)be accompanied by the prescribed fee (if any).".
(5)After section 54(3) of the Aboriginal Heritage Act 2006 insert—
"(4)If the proposed activity in the plan is to be carried out in an area for which there is no registered Aboriginal party, a notice under this section may include details of Aboriginal people or Aboriginal groups with whom the sponsor intends to consult.".
46Registered Aboriginal parties may elect to evaluate plan
After section 55(2) of the Aboriginal Heritage Act 2006 insert—
"(3)If the sponsor of a cultural heritage management plan is a registered Aboriginal party, the party cannot evaluate the plan.
(4)Despite subsection (3), any other registered Aboriginal party that receives notice of an intention to prepare a cultural heritage management plan may evaluate the plan.".
47Newly registered Aboriginal parties
For section 57(1)(b) of the Aboriginal Heritage Act 2006 substitute—
"(b)before the commencement of an assessment of the area for the purposes of the cultural heritage management plan.".
48Engagement of heritage advisor
(1)In the heading to section 58 of the Aboriginal Heritage Act 2006 omit "cultural".
(2)In section 58 of the Aboriginal Heritage Act 2006, for "cultural heritage advisor" substitute "heritage advisor".
49Registered Aboriginal party may also advise
In section 60(b) of the Aboriginal Heritage Act 2006, for "recommendations" substitute "conditions".
50New section 60A inserted
After section 60 of the Aboriginal Heritage Act 2006 insert—
"60A Activity advisory groups
(1)The Secretary may appoint an activity advisory group for a proposed activity if—
(a)the Secretary receives a notice of intention to prepare a cultural heritage management plan under section 54; and
(b)the proposed activity in the plan is to be carried out in an area for which there is no registered Aboriginal party.
(2)If the Secretary appoints an activity advisory group under subsection (1), the Secretary must do so within 21 days of receiving a notice of intention to prepare a cultural heritage management plan.
(3)The Secretary must notify the sponsor of a cultural heritage management plan of the appointment of an activity advisory group for the proposed activity in the plan as soon as practicable after appointing the group.
(4)The function of an activity advisory group is to advise the Secretary on the proposed activity and its impact on Aboriginal cultural heritage.
(5)For the purposes of performing its function, an activity advisory group may do any of the following—
(a)consult with the sponsor and the heritage advisor in relation to the assessment of the area for the purposes of the plan;
(b)consult with the sponsor and the heritage advisor in relation to the conditions to be included in the plan;
(c)participate in the conduct of the assessment.
(6)The sponsor of a cultural heritage management plan and the heritage advisor must make reasonable efforts to consult with the activity advisory group before beginning the assessment and during the preparation of the plan.
(7)The Secretary may appoint representatives of any relevant traditional owners to an activity advisory group.
(8)A member of an activity advisory group is appointed on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment.".
51Application to registered Aboriginal party for approval
After section 62(3) of the Aboriginal Heritage Act 2006 insert—
"(3A)An application under subsection (2) to more than one registered Aboriginal party is taken to be received by each of the parties on the date on which all of the parties have received the prescribed fee, or if there is no prescribed fee, the application.".
52Decision by registered Aboriginal party
(1)After section 63(1) of the Aboriginal Heritage Act 2006 insert—
"(1A)A registered Aboriginal party may request the sponsor to provide any additional information that the party reasonably considers necessary to assist the party's decision.
(1B)A request under subsection (1A) must be made in writing and include the following information—
(a)the information to be provided;
(b)the date by which the information is to be provided, being at least 30 days after the request;
(c)a statement that the application will lapse if the information is not provided by that date.
(1C)The period referred to in subsection (1)—
(a)ceases to run when the registered Aboriginal party requests the additional information; and
(b)recommences to run when the information is provided to the registered Aboriginal party.".
(2)After section 63(4) of the Aboriginal Heritage Act 2006 insert—
"(5)The sponsor may agree to accept the decision of a registered Aboriginal party to approve the plan or refuse the plan after the period referred to in subsection (1), but only if the sponsor has not already made an application to the Secretary under section 65(1)(b)(iv).".
53Approval by Secretary
(1)After section 65(1) of the Aboriginal Heritage Act 2006 insert—
"(1A)An application under this section must be accompanied by the prescribed fee (if any).".
(2)After section 65(2) of the Aboriginal Heritage Act 2006 insert—
"(2A)The Secretary may request the sponsor to provide any additional information that the Secretary reasonably considers necessary to assist the Secretary's decision.
(2B)A request under subsection (2A) must be made in writing and include the following information—
(a)the information to be provided;
(b)the date by which the information is to be provided, being at least 30 days after the request;
(c)a statement that the application will lapse if the information is not provided by that date.
(2C)The period referred to in subsection (2)—
(a)ceases to run when the Secretary requests the additional information; and
(b)recommences to run when the information is provided to the Secretary.
(2D)Subject to subsection (2E), the Secretary is taken to have refused to approve the plan if the Secretary fails to decide whether to approve the plan or to refuse to approve the plan within the period referred to in subsection (1).
(2E)The Secretary may decide to approve the plan or to refuse the plan after the period referred to in subsection (1) with the agreement of the sponsor.".
(3)For section 65(3) of the Aboriginal Heritage Act 2006 substitute—
"(3)In considering the application, the Secretary must consult with, and consider the views of—
(a)any Aboriginal person or Aboriginal body that the Secretary considers relevant to the application; or
(b)any activity advisory group appointed by the Secretary under section 60A.".
54Approval by Council
(1)After section 66(1) of the Aboriginal Heritage Act 2006 insert—
"(1A)An application under this section must be accompanied by the prescribed fee (if any).
(1B)If a registered Aboriginal party is the sponsor of a cultural heritage management plan, the party may apply to the Council for approval of the plan.
Note
If a registered Aboriginal party is the sponsor of a cultural heritage management plan and there is more than one registered Aboriginal party for the area to which the plan relates, an application must also be made under section 62.".
(2)After section 66(2) of the Aboriginal Heritage Act 2006 insert—
"(2A)The Council may request the sponsor to provide any additional information that the Council reasonably considers necessary to assist the Council's decision.
(2B)A request under subsection (2A) must be made in writing and include the following information—
(a)the information to be provided;
(b)the date by which the information is to be provided, being at least 30 days after the request;
(c)a statement that the application will lapse if the information is not provided by that date.
(2C)The period referred to in subsection (2)—
(a)ceases to run when the Council requests the additional information; and
(b)recommences to run when the information is provided to the Council.".
55New section 66A inserted
After section 66 of the Aboriginal Heritage Act 2006 insert—
"66A Amendments to approved cultural heritage management plans
(1)Subject to this section, Division 4 and this Division apply to a proposed amendment to an approved cultural heritage management plan as if the proposed amendment were a cultural heritage management plan.
(2)A proposed amendment to an approved cultural heritage management plan that is, in the opinion of the relevant authority, a minor amendment to the plan, may be approved by the relevant authority within 14 days of receiving the proposed amendment.
(3)The relevant authority must give written notice of its decision to approve or refuse to approve a proposed amendment to an approved cultural heritage management plan to the sponsor, and any relevant registered Aboriginal party.
(4)An application to amend an approved cultural heritage management plan must be made in the prescribed form and accompanied by the prescribed fee (if any).
(bb)prescribing standards for the purposes of Aboriginal cultural heritage land management agreements;".
133New section 198 inserted
After section 197 of the Aboriginal Heritage Act 2006 insert—
"198 Savings and transitional provisions—Aboriginal Heritage Amendment Act 2016
(1)Aboriginal people who became the owners of Aboriginal human remains under section 13 of this Act, as in force immediately before the commencement of section 11 of the Aboriginal Heritage Amendment Act 2016, are taken to be the traditional owners of the remains on and after that commencement.
(2)A person appointed as an inspector under section 160 of this Act, as in force immediately before the commencement of section 99 of the Aboriginal Heritage Amendment Act 2016, is taken to be an authorised officer on the commencement of that section.
(3)To avoid doubt, the register kept under section 10(a) of the Archaeological andAboriginal Relics Preservation Act 1972 as in force immediately before the repeal of that Act is taken to form part of, and to have always formed part of, the Register established under section 144.".
134Insertion of Notes
(1)At the foot of sections 24(2), 33(1), 95(1) and 110(6) of the Aboriginal Heritage
Act 2006 insert—"Note
Section 187A applies to an offence against this subsection.".
(2)At the foot of sections 102 and 108 of the Aboriginal Heritage Act 2006 insert—
"Note
Section 187A applies to an offence against subsection (1) or (3).".
PART 3—AMENDMENT OF THE BORROWING AND INVESTMENT POWERS ACT 1987
135Schedule 1 to the Borrowing and Investment Powers Act 1987
In Schedule 1 to the Borrowing and Investment Powers Act 1987, before item 1AA insert—
| "1AAA. | Aboriginal Heritage Council | 5, 8, 11, 12, 14, 15, 20, 20A and 21". |
PART 4—AMENDMENT OF THE CEMETERIES AND CREMATORIA ACT 2003
136Definitions
In section 3(1) of the Cemeteries and Crematoria Act 2003 insert the following definition—
"Aboriginal ancestral remains has the same meaning as in the Aboriginal Heritage Act 2006;".
137New section 141A inserted
After section 141 of the Cemeteries and Crematoria Act 2003 insert—
"141A Disapplication of provisions in respect of Aboriginal ancestral remains
The following provisions of this Act do not apply in respect of the interment or cremation of Aboriginal ancestral remains—
(a)section 114;
(b)Division 3 of Part 8;
(c)section 129;
(d)sections 135 to 141.".
PART 5—AMENDMENT OF THE CORONERS ACT 2008
138Definitions
In section 3(1) of the Coroners Act 2008 insert the following definitions—
"Aboriginal ancestral remains has the same meaning as in the Aboriginal Heritage Act 2006;
Aboriginal Heritage Council means the Council within the meaning of the Aboriginal Heritage Act 2006;".
139New section 16A inserted
After section 16 of the Coroners Act 2008 insert—
"16A Investigations and Aboriginal ancestral remains
If a coroner investigating a death believes that the body is, or is likely to be, Aboriginal ancestral remains, the coroner must notify the Aboriginal Heritage Council.".
140Preliminary examinations
After section 23(3) of the Coroners Act 2008 insert—
"(4)If a medical investigator who performs a preliminary examination reports to the coroner that, in the medical investigator's opinion, the body is, or is likely to be, Aboriginal ancestral remains, the coroner must notify the Aboriginal Heritage Council of that report.".
PART 6—REPEAL OF AMENDING ACT
141Repeal
This Act is repealed on 1 August 2017.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 11 November 2015
Legislative Council: 11 February 2016
The long title for the Bill for this Act was "A Bill for an Act to amend the Aboriginal Heritage Act 2006, the Borrowing and Investment Powers Act 1987, the Cemeteries and Crematoria Act 2003 and the Coroners Act 2008 to improve the reporting requirements in relation to Aboriginal cultural heritage, to include provisions regarding Aboriginal intangible heritage, to establish an Aboriginal Cultural Heritage Fund and to provide for the further protection of Aboriginal cultural heritage and for other purposes."
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