Commonwealth Numbered Acts

ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 48

48. (1) Where the Minister is satisfied that a place on Aboriginal Land is of
special significance to Aboriginal members of the Community, the Minister may,
by notice in writing published in the Gazette specifying that place, declare
that that place is a significant place for the purposes of this Act.

(2) Where a declaration under sub-section (1) is in force in relation to a
place, the Council may cause signs to be displayed at or near the place
identifying the place and stating that entry into it by persons other than
Aboriginal members of the Community is prohibited by this Act.

(3) Except in the performance of functions under this Act or otherwise in
accordance with this Act or a law in force in the Territory or with the
consent of the Council, a person, other than an Aboriginal member of the
Community, shall not enter or remain in any place in relation to which a sign
is displayed under sub-section (2).
Penalty: $1,000.

(4) A person shall not damage or disturb any place in relation to which a sign
is displayed under sub-section (2).
Penalty: $5,000 or imprisonment for 2 years, or both.

(5) A person shall not be convicted of offences against sub-sections (3) and
(4) in relation to the same act.

(6) Without limiting the generality of sub-section (4), a person shall be
taken, for the purposes of that sub-section, to have damaged or disturbed a
place in relation to which a sign is displayed under sub-section (2) if, by
reason of any act done by that person, the special significance of the place
to Aboriginal members of the Community has been adversely affected.

(7) In any proceedings for the prosecution of a person for an offence against
sub-section (3) or (4), evidence that a sign stating that entry into the place
by persons other than Aboriginal members of the Community is prohibited by
this Act was displayed at or near that place at a particular time is evidence
that the sign was so displayed at that time in accordance with sub-section
(2).

(8) Nothing in this section shall be read as extending the right of access to
any Aboriginal Land to which this section does not apply.