Commonwealth Numbered Acts

Aboriginal and Torres Strait Islander Heritage (Interim Protection) Act 1984 No. 79 of 1984 - SECT 18

18. (1) Where-

   (a)  at any time, an authorized officer is satisfied that-

        (i)    an area is a significant Aboriginal area, an object is a
               significant Aboriginal object or a class of objects is a class
               of significant Aboriginal objects;

        (ii)   the area or object is, or objects are, under serious and
               immediate threat of injury or desecration; and

        (iii)  in the case of an area-the circumstances of the case would
               justify the making of a declaration under section 9, but the
               injury or desecration is likely to occur before such a
               declaration can be made; and

   (b)  no declaration has been made under this section in relation to the
        area, object or objects within 3 months before that time by reason of
        a threat that is substantially the same as the threat referred to in
        sub-paragraph (a) (ii), the officer may make a declaration for the
        purposes of this section.

(2) A declaration under sub-section (1)-

   (a)  shall be in writing;

   (b)  shall specify the period, not exceeding 48 hours, for which it is to
        remain in effect;

   (c)  shall-

        (i)    where the declaration relates to an area-describe the area with
               sufficient particulars to enable the area to be identified; or

        (ii)   where the declaration relates to an object or a class of
               objects-describe the object or objects with sufficient
               particulars to enable the object or objects to be identified;
               and

   (d)  shall contain provisions for and in relation to the protection and
        preservation of the area, object or objects from injury or
        desecration, including, in the case of Aboriginal remains, provisions
        for their custody.

(3) A declaration under sub-section (1) may be revoked or varied at any time,
by instrument in writing, by the Minister or any authorized officer.