aboriginal relics act 1975

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Aboriginal Relics Act 1975

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  • Aboriginal Relics Act 1975 An Act to make provision for the preservation of aboriginal relics

    [Royal Assent 19 February 1976]

    Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

    PART I - Preliminary 1. Short title and commencement

    (1) This Act may be cited as the Aboriginal Relics Act 1975.

    (2) This Act shall commence on a date to be fixed by proclamation.

    2. Interpretation

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

    authorized officer means a police officer or warden; container includes any wrapping; conveyance means any vehicle, vessel, or aircraft, or any other contrivance intended for the carriage of persons or goods over land or water or in the air; Council means the Aboriginal Relics Advisory Council established under section 3; Crown land means any land vested in the Crown, whether or not it is subject to any private rights, but does not include any such land that is contracted to be granted in fee simple; Director means the Director of National Parks and Wildlife; honorary warden means an honorary warden appointed under section 16; land includes land covered by the sea or other waters, and part of the sea or those waters covering that land; protected object has the meaning assigned to that expression by section 7(4); protected site means an area of land declared to be a protected site under section 7; warden means a warden appointed under section 15.

    (2) For the purposes of this Act, any person who has wholly or partly descended from the original inhabitants of Australia is a person of Aboriginal descent.

    (3) For the purposes of this Act, but subject to the following provisions of this section, a relic is

    (a) any artefact, painting, carving, engraving, arrangement of stones, midden, or other object made or created by any of the original inhabitants of Australia or the descendants of any such inhabitants;

  • (b) any object, site, or place that bears signs of the activities of any such original inhabitants or their descendants; or

    (c) the remains of the body of such an original inhabitant or of a descendant of such an inhabitant who died before the year 1876 that are not interred in

    (i) any land that is or has been held, set aside, reserved, or used for the purposes of a burial-ground or cemetery pursuant to any Act, deed, or other instrument; or

    (ii) a marked grave in any other land.

    (4) No object made or created after the year 1876 shall for the purposes of this Act be treated as a relic, and no activity taking place after that year shall for those purposes be regarded as being capable of giving rise to such a relic.

    (5) In any proceedings under this Act in relation to an object alleged to be a relic, the court shall assume the object to be a relic if it is satisfied that there are reasonable grounds for believing that the object is, or may be, a relic.

    (6) References in this Act to the taking or removing of a protected object or relic shall be construed as including references to attempting to take or remove, or assisting in the taking or removing of, that object or relic.

    (7) References in any Act to a public reserve or historic reserve include references to a protected site.

    PART II - The Aboriginal Relics Advisory Council 3. Establishment and functions of the Aboriginal Relics Advisory Council

    (1) There shall be established a Council, to be known as the Aboriginal Relics Advisory Council.

    (2) The Council

    (a) shall make recommendations to the Minister on any matter in respect of which this Act provides for its making recommendations to him;

    (b) shall advise, and make recommendations to, the Minister on such other matters in relation to the administration of this Act as it thinks fit;

    (c) shall make recommendations to the Director on any matter in respect of which this Act provides for its making recommendations to him; and

    (d) shall, if requested by the Director, advise, and make recommendations to, him in respect of any other matter relating to the exercise of his functions under this Act.

    (3) Without prejudice to the generality of the provisions of subsection (2), where the Minister refers to the Council any matter related to the administration of this Act or the Director refers to it any matter related to the exercise of his functions under this Act, the Council shall consider that matter as soon as practicable and make a report thereon to the Minister or Director with such recommendations as it may consider appropriate in the circumstances.

    (4) Subject to this Act, the Minister may make arrangements to render available to the Council such accommodation and assistance as it may require.

  • (5) The Director shall furnish the Council with such information as it may require and is reasonably available to him in connection with the exercise of his functions under this Act.

    4. Constitution, &c., of the Council

    (1) The Council shall consist of

    (a) the Secretary of the responsible Department in relation to the Tasmanian Museum Act 1950, or a person nominated by the Secretary;

    (b) the Director of the Queen Victoria Museum and Art Gallery; and

    (c) 3 other members appointed by the Governor.

    (2) Of the members of the Council appointed by the Governor

    (a) one shall be a person nominated by the Council of the University of Tasmania; and

    (b) two shall be persons nominated by the Minister, one being a person selected from a list submitted by a body which, in the opinion of the Minister, represents persons of Aboriginal descent.

    (3) If the Council of the University of Tasmania fails to make a nomination as required by subsection (2)(a), after being so requested by the Minister and within the period specified by the Minister in the request, the Governor may appoint as a member of the Council such person as he considers suitable in the circumstances.

    (4) A member of the Council mentioned in

    (a) paragraph (a) of subsection (1) may authorize one of the trustees or officers of the Tasmanian Museum and Art Gallery; or

    (b) paragraph (b) of that subsection may authorize one of the officers of the Queen Victoria Museum and Art Gallery

    to act in his stead as a member of the Council and anything done in pursuance of that authority has the like effect as if it were done by the member by whom the authority was given.

    (5) The chairman of the Council shall be appointed by the Governor from among the members of the Council.

    (6) A person appointed as the chairman of the Council shall be so appointed for the term specified in the instrument of his appointment and, subject to this section, ceases to hold office as such at the expiration of that term.

    (7) Subject to this section, a member of the Council who is appointed by the Governor, unless he sooner resigns or is removed from his office or otherwise ceases to hold office, continues in office for a period of 3 years from the date on which he was last appointed a member of the Council.

    (8) If a member of the Council who is appointed by the Governor dies or ceases to hold office otherwise than by reason of the effluxion of time, the Governor may appoint a person, nominated in the same manner as the vacating member, to fill the vacant office for the remainder of the term for which the vacating member was so appointed.

  • (9) The members of the Council are not, as such, subject to the Tasmanian State Service Act 1984, but an employee, within the meaning of that Act, may hold office as a member of the Council in conjunction with his position in the State Service.

    (10) The members of the Council may be paid such travelling and other allowances as the Governor may approve.

    5. Removal of appointed members of the Council

    (1) The Governor may remove a member of the Council from office if he is satisfied that that member

    (a) has become incapable of carrying out the duties of his office;

    (b) has misconducted himself in the performance of the duties of his office;

    (c) being a member appointed under paragraph (b) of section 4(2) to represent the persons referred to in that paragraph, is no longer a suitable person to represent them;

    (d) has, without the leave of the Council, been absent from 3 or more consecutive meetings of the Council;

    (e) has applied to take, or takes, advantage of any law relating to bankruptcy or has compounded, or entered into an arrangement, with his creditors; or

    (f) has been convicted (whether in this State or elsewhere) of an offence of such a nature that, in the opinion of the Governor, renders it improper for him to continue to be a member of the Council.

    (2) A member of the Council shall not be removed from office otherwise than in accordance with this section.

    (3) This section applies only to a member of the Council who is appointed by the Governor.

    6. Proceedings of the Council

    (1) The chairman of the Council, or, if he is absent or there is no chairman, such one of the other members present as they may choose, shall preside at each meeting of the Council.

    (2) The chairman or other person presiding at a meeting of the Council has a deliberative vote and, in the event of an equality of votes on any matter before a meeting of the Council, that matter stands adjourned to the next meeting of the Council.

    (3) Three members of the Council constitute a quorum at any meeting of the