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Aboriginal and Torres Strait Islander Heritage (Interim Protection) Act 1984 No. 79 of 1984 - SECT 24
Evidence
24. (1) In any proceedings for an offence referred to in sub-section 23 (1),
the proof of a declaration made under Part II in relation to an area, object
or objects is prima facie evidence that the area is a significant Aboriginal
area, the object is a significant Aboriginal object or the objects are
significant Aboriginal objects, as the case may be.
(2) For the purposes of sub-section (1), a declaration made by the Minister
under Part II may be proved by the production of the Gazette purporting to
contain it.
(3) In proceedings for an offence referred to in sub-section 23 (1), where
there is evidence that, at the relevant time, the defendant neither knew, nor
had reasonable grounds for knowing, of the existence of the declaration
alleged to have been contravened, the defendant shall not be committed for
trial or convicted unless the prosecution proves that, at that time, the
defendant knew, or ought reasonably to have known, of the existence of the
declaration.
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