Victorian Current Acts Victorian Current Acts(1) This section applies to a person if the person—
(a) knows of the existence and location of human remains; and
S. 17(1)(b) amended by No. 11/2016 s. 14(2).
(b) knows that the human remains are, or are reasonably likely to be, Aboriginal ancestral remains.
S. 17(2) substituted by No. 11/2016 s. 14(3).
(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.
(3) A person to whom this section applies must—
S. 17(3)(a) amended by No. 11/2016 s. 14(4).
(a) as soon as practicable, report the existence of the human remains to the Council; and
S. 17(3)(b) amended by No. 11/2016 s. 14(5).
(b) give the Council all details about the location and nature of the human remains that the Council reasonably requires.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
Note to s. 17(3) inserted by No. 11/2016 s. 14(6).
Note
Section 187A applies to an offence against this subsection.
S. 17(4) amended by No. 11/2016 s. 14(7).
(4) It is a defence to proceedings under subsection (3) if the person had reasonable cause to believe that the Council was aware of the existence and location of the human remains.
S. 18 (Heading) amended by No. 11/2016 s. 15(1).