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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 86
Harming or desecrating Aboriginal objects and Aboriginal places
(1) A person must not harm or desecrate an object that the person knows is an
Aboriginal object. : Maximum penalty-- (a) in the case of an individual--2,500
penalty units or imprisonment for 1 year, or both, or (in
circumstances of aggravation) 5,000 penalty units or imprisonment for 2 years,
or both, or
(b) in the case of a corporation--10,000 penalty units.
(2) A
person must not harm an Aboriginal object. : Maximum penalty-- (a) in the case
of an individual--500 penalty units or (in circumstances of aggravation) 1,000
penalty units, or
(b) in the case of a corporation--2,000 penalty units.
(3)
For the purposes of this section,
"circumstances of aggravation" are-- (a) that the offence was committed in the
course of carrying out a commercial activity, or
(b) that the offence was the
second or subsequent occasion on which the offender was convicted of an
offence under this section.
This subsection does not apply unless the
circumstances of aggravation were identified in the court attendance notice or
summons for the offence.
(4) A person must not harm or desecrate an
Aboriginal place. : Maximum penalty-- (a) in the case of an individual--5,000
penalty units or imprisonment for 2 years, or both, or
(b) in the case of a
corporation--10,000 penalty units.
(5) The offences under subsections (2) and
(4) are offences of strict liability and the defence of honest and reasonable
mistake of fact applies.
(6) Subsections (1) and (2) do not apply with
respect to an Aboriginal object that is dealt with in accordance with
section 85A.
(7) A single prosecution for an offence under subsection (1) or
(2) may relate to a single Aboriginal object or a group of Aboriginal objects.
(8) If, in proceedings for an offence under subsection (1), the court is
satisfied that, at the time the accused harmed the Aboriginal object
concerned, the accused did not know that the object was an Aboriginal object,
the court may find an offence proved under subsection (2).
Note : An offence
against subsection (1), (2) or (4) committed by a corporation is an executive
liability offence attracting executive liability for a director or other
person involved in the management of the corporation--see section 175B.
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