Commonwealth Numbered Acts

Aboriginal and Torres Strait Islander Heritage (Interim Protection) Act 1984 No. 79 of 1984 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

''Aboriginal'' means a member of the Aboriginal race of Australia, and
includes a descendant of the indigenous inhabitants of the Torres Strait
Islands;

''Aboriginal remains'' means the whole or part of the bodily remains of an
Aboriginal, but does not include-

   (a)  a body or the remains of a body-

        (i)    buried in accordance with the law of a State or Territory; or

        (ii)   buried in land that is, in accordance with
               Aboriginal tradition, used or recognized as a burial ground;

   (b)  an object made from human hair or from any other bodily material that
        is not readily recognizable as being bodily material; or

   (c)  a body or the remains of a body dealt with or to be dealt with in
        accordance with a law of a State or Territory relating to medical
        treatment or post-mortem examinations;

''Aboriginal tradition'' means the body of traditions, observances, customs
and beliefs of Aboriginals generally or of a particular community or group of
Aboriginals, and includes any such traditions, observances, customs or beliefs
relating to particular persons, areas, objects or relationships;

''area'' includes a site;

''Australian waters'' means-

   (a)  the territorial sea of Australia and any sea on the landward side of
        that territorial sea;

   (b)  the territorial sea of an external Territory and any sea on the
        landward side of that territorial sea; or

   (c)  the sea over the continental shelf of Australia;

''Federal Court'' means the Federal Court of Australia;

''significant Aboriginal area'' means-

   (a)  an area of land in Australia or in or beneath Australian waters;

   (b)  an area of water in Australia; or

   (c)  an area of Australian waters,

being an area of particular significance to Aboriginals in accordance with
Aboriginal tradition;

''significant Aboriginal object'' means an object (including Aboriginal
remains) of particular significance to Aboriginals in accordance with
Aboriginal tradition.

(2) For the purposes of this Act, an area or object shall be taken to be
injured or desecrated if-

   (a)  in the case of an area-

        (i)    it is used or treated in a manner inconsistent with Aboriginal
               tradition;

        (ii)   by reason of anything done in, on or near the area, the use or
               significance of the area in accordance with
               Aboriginal tradition is adversely affected; or

        (iii)  passage through or over, or entry upon, the area by any person
               occurs in a manner inconsistent with Aboriginal tradition; or

   (b)  in the case of an object-it is used or treated in a manner
        inconsistent with Aboriginal tradition, and references in this Act to
        injury or desecration shall be construed accordingly.

(3) For the purposes of this Act, an area or object shall be taken to be under
threat of injury or desecration if it is, or is likely to be, injured or
desecrated.