Victorian Current Acts

ABORIGINAL HERITAGE ACT 2006 - SECT 74G

    (1)     A party to an Aboriginal cultural heritage land management agreement is guilty of an offence if—

        (a)     the party by an act or omission fails to comply with the conditions of the Aboriginal cultural heritage land management agreement; and

        (b)     at the time of the act or omission the party knew that the act or omission failed to comply with the conditions of the agreement.

    (2)     A party to an Aboriginal cultural heritage land management agreement who is guilty of an offence under subsection (1) is liable to a penalty not exceeding—

        (a)     in the case of a natural person,
600 penalty units;

        (b)     in the case of a body corporate,
3000 penalty units.

    (3)     A party to an Aboriginal cultural heritage land management agreement is guilty of an offence if—

        (a)     the party by an act or omission fails to comply with the conditions of the Aboriginal cultural heritage land management agreement; and

        (b)     at the time of the act or omission the party was reckless as to whether the act or omission failed to comply with the conditions of the agreement.

    (4)     A party to an Aboriginal cultural heritage land management agreement who is guilty of an offence under subsection (3) is liable to a penalty not exceeding—

        (a)     in the case of a natural person,
300 penalty units;

        (b)     in the case of a body corporate,
1500 penalty units.

    (5)     A party to an Aboriginal cultural heritage land management agreement is guilty of an offence if—

        (a)     the party by an act or omission fails to comply with the conditions of the Aboriginal cultural heritage land management agreement; and

        (b)     at the time of the act or omission the party was negligent as to whether the act or omission failed to comply with the conditions of the agreement.

    (6)     A party to an Aboriginal cultural heritage land management agreement who is guilty of an offence under subsection (5) 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 (1), (3) or (5).

S. 74H inserted by No. 11/2016 s. 58.