Commonwealth Numbered Acts

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Aboriginal and Torres Strait Islander Heritage (Interim Protection) Act 1984 No. 79 of 1984 - SECT 23

Indictable offences
23. (1) Subject to sub-section (2), the following offences are indictable
offences:

   (a)  an offence referred to in sub-section 22 (1) or (2);

   (b)  an offence against-

        (i)    section 6, 7 or 7A of the Crimes Act 1914; or

        (ii)   sub-section 86 (1) of that Act by virtue of paragraph (a) of
               that sub-section,

in relation to an offence referred to in paragraph (a) of this sub-section.

(2) A court of summary jurisdiction may hear and determine proceedings in
respect of an offence referred to in sub-section (1) if the court is satisfied
that it is proper to do so and the defendant and the prosecutor consent.

(3) Where, in accordance with sub-section (2), a court of summary jurisdiction
convicts a person of an offence referred to in that sub-section, the penalty
that the court may impose is-

   (a)  if the person is a natural person-a fine not exceeding $2,000 or
        imprisonment for a period not exceeding 12 months, or both; or

   (b)  if the person is a body corporate-a fine not exceeding $10,000. 


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