Commonwealth Numbered Acts

Aboriginal and Torres Strait Islander Heritage (Interim Protection) Act 1984 No. 79 of 1984 - SECT 12

12. (1) Where the Minister-

   (a)  receives an application made orally or in writing by or on behalf of
        an Aboriginal or a group of Aboriginals seeking the preservation or
        protection of a specified object or class of objects from injury or
        desecration;

   (b)  is satisfied-

        (i)    that the object is a significant Aboriginal object or the class
               of objects is a class of significant Aboriginal objects; and

        (ii)   that the object or the whole or part of the class of objects,
               as the case may be, is under threat of injury or desecration;

   (c)  has considered any effects the making of a declaration may have on the
        proprietary or pecuniary interests of persons other than the
        Aboriginal or Aboriginals referred to in paragraph (1) (a); and

   (d)  has considered such other matters as he thinks relevant, he may make a
        declaration in relation to the object or the whole or that part of the
        class of objects, as the case may be.

(2) Subject to this Part, a declaration under sub-section (1) has effect for
such period as is specified in the declaration.

(3) A declaration under sub-section (1) in relation to an object or objects
shall-

   (a)  describe the object or objects with sufficient particulars to enable
        the object or objects to be identified; and

   (b)  contain provisions for and in relation to the protection and
        preservation of the object or objects from injury or desecration.

(4) A declaration under sub-section (1) in relation to Aboriginal remains may
include provisions ordering the delivery of the remains to-

   (a)  the Minister; or

   (b)  an Aboriginal or Aboriginals entitled to, and willing to accept,
        possession, custody or control of the remains in accordance with
        Aboriginal tradition.