Victorian Current Acts

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HERITAGE ACT 2017 - SECT 72

Directions powers in relation to custody of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts

    (1)     If a person has possession of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact, the Executive Director, by notice in writing, may require the person to take any action in relation to the item that is specified in the notice for the purposes of—

        (a)     the conservation of the item; or

        (b)     exhibiting or providing access to the item.

    (2)     The action that a person may be required to take in relation to an item by a notice under subsection (1) includes the following—

        (a)     keeping the item in a particular manner or place;

        (b)     removing the item to a particular place within a particular time;

        (c)     doing a particular act in relation to the item within a particular time, being an act designed to assist in the conservation of the item;

        (d)     making the item available for inspection within a particular time and for the periods specified in the notice;

        (e)     delivering the item into the custody of a particular person for the purpose of operations designed to conserve the item or for the purpose of public exhibition.

    (3)     A notice given under subsection (1) does not prevent the giving of further notices under that subsection in relation to the same item.

    (4)     A person to whom a notice is given by the Executive Director under subsection (1) must comply with the notice.

Penalty:     In the case of a natural person, 240 penalty units;

    In the case of a body corporate, 480 penalty units.

    (5)     A civil action does not lie against a person in respect of any action taken by the person pursuant to a notice given to the person under subsection (1).



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