(1) A person must not have in the person's possession an Aboriginal object if the person knows, or ought reasonably to know, that the object is an Aboriginal object.
Penalty: In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
Note to s. 33(1) inserted by No. 11/2016 s. 134(1).
Section 187A applies to an offence against this subsection.
(2) A person who has an Aboriginal object in the person's possession does not commit an offence under subsection (1) if—
(a) the person is acting—
(i) under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or
(ii) in accordance with a cultural heritage permit, approved cultural heritage management plan or cultural heritage agreement that applies to the Aboriginal cultural heritage; or
(b) the person is the owner of the Aboriginal cultural heritage; or
(c) the person is acting with the consent of the owner of the Aboriginal cultural heritage; or
(d) the person's possession of the object is necessary because of an emergency.