Victorian Numbered Acts

ABORIGINAL HERITAGE AMENDMENT ACT 2016 (NO. 11 OF 2016) - SECT 105

After Division 1 of Part 11 of the Aboriginal Heritage Act 2006 insert —

" Division 1A—Aboriginal heritage officers

        165A     Functions of Aboriginal heritage officers

The functions of an Aboriginal heritage officer under this Act include—

        (a)     monitoring compliance of cultural heritage management plans, cultural heritage permits and Aboriginal cultural heritage land management agreements; and

        (b)     issuing and delivering 24-hour stop orders under Part 6.

        165B     Appointment of Aboriginal heritage officers

    (1)     The Minister, after consultation with the Council, may, in writing, appoint an employee of a registered Aboriginal party as an Aboriginal heritage officer.

    (2)     The Minister must be satisfied that a person appointed as an Aboriginal heritage officer—

        (a)     has an appropriate level of knowledge and experience in the identification and protection of Aboriginal cultural heritage; and

        (b)     has completed, to the satisfaction of the Minister, a course of training specified by the Minister; and

        (c)     is capable of carrying out the duties of an Aboriginal heritage officer under this Act.

        165C     Suspension and revocation of appointment

    (1)     The Minister, after consulting with the Council, may, in writing, suspend for a specified period or revoke the appointment of an Aboriginal heritage officer under this Act.

    (2)     An Aboriginal heritage officer is taken not to be an Aboriginal heritage officer under this Act during a period of suspension.

        165D     Identity cards

    (1)     The Secretary must issue an identity card to each Aboriginal heritage officer.

    (2)     An identity card issued under subsection (1) must—

        (a)     be in the approved form; and

        (b)     contain a recent photograph of the person to whom it is issued.

    (3)     A person must immediately return the person's identity card to the Secretary if—

        (a)     the person ceases to be an Aboriginal heritage officer; or

        (b)     the appointment of the person as an Aboriginal heritage officer is suspended.

Penalty:     5 penalty units.

        165E     Aboriginal heritage officer to produce identity card

An Aboriginal heritage officer must produce an identity card for inspection—

        (a)     before exercising any powers under this Act, except a requirement made by post; and

        (b)     at any time during the exercise of a power under this Act, if asked to do so.".