Commonwealth Numbered Acts

HISTORIC SHIPWRECKS ACT 1976 No. 190 of 1976 - SECT 20

20. (1) Where the Minister is of the opinion that it is necessary to do so for
the purpose of carrying out or giving effect to the Australia-Netherlands
Agreement, he may, by notice published in the Gazette, declare the ownership
of a specified Dutch shipwreck to be vested in a specified authority of the
Commonwealth and, upon the publication of the notice, that authority becomes,
by force of this sub-section, the owner of that Dutch shipwreck free of any
charges or other encumbrances.

(2) Where the Minister is of the opinion that it is necessary to do so for the
purpose of carrying out or giving effect to the Australia-Netherlands
Agreement, he may, by notice published in the Gazette, declare the ownership
of a specified Dutch relic to be vested in a specified authority of the
Commonwealth, in the State of Western Australia, in a specified authority of
that State or in the Government of the Kingdom of the Netherlands and, upon
the publication of the notice, the authority of the Commonwealth, the State of
Western Australia, the authority of that State or the Government of the
Kingdom of the Netherlands, as the case may be, becomes, by force of this
sub-section, the owner of that Dutch relic free of any charges or other
encumbrances.

(3) Where the Minister is of the opinion that it is necessary to do so for the
purpose of carrying out or giving effect to this Act or any relevant agreement
other than the Australia-Netherlands Agreement, he may, by notice published in
the Gazette, declare the ownership of the remains of a specified ship, or of a
specified article that was associated with a ship, or of all articles that
were associated with a specified ship, to be vested in the Commonwealth, in a
specified State, in a specified authority of the Commonwealth or of a State,
in the Government of a specified country other than Australia or in any other
specified person and, upon the publication of the notice, the Commonwealth,
the State, the authority, the Government, or the other person, as the case may
be, becomes, by force of this sub-section, the owner of those remains or of
that article or those articles, free of any charges or other encumbrances.

(4) The publication of a notice under this section in relation to a Dutch
shipwreck, the remains of a ship not being a Dutch shipwreck, a Dutch relic or
any other article does not affect the application of any other provision of
this Act to or in relation to that Dutch shipwreck, the remains of that ship,
that Dutch relic or that other article, as the case may be.

(5) Nothing in this section affects any power of the Commonwealth otherwise
than under this Act to dispose of or otherwise deal with any remains of a
ship, or any articles, that are the property of the Commonwealth.