Victorian Numbered Acts

ABORIGINAL HERITAGE AMENDMENT ACT 2016 (NO. 11 OF 2016) - SECT 24

    (1)     For section 27(1) of the Aboriginal Heritage Act   2006 substitute —

    "(1)     A person is guilty of an offence if—

        (a)     the person by an act or omission harms Aboriginal cultural heritage; and

        (b)     at the time of the act or omission the person knew that the act or omission was likely to harm Aboriginal cultural heritage.".

    (2)     For section 27(3) of the Aboriginal Heritage Act   2006 substitute —

    "(3)     A person is guilty of an offence if—

        (a)     the person by an act or omission harms Aboriginal cultural heritage; and

        (b)     at the time of the act or omission the person was reckless as to whether the act or omission was likely to harm Aboriginal cultural heritage.".

    (3)     For section 27(5) of the Aboriginal Heritage Act   2006 substitute —

    "(5)     A person is guilty of an offence if—

        (a)     the person by an act or omission harms Aboriginal cultural heritage; and

        (b)     at the time of the act or omission the person was negligent as to whether the act or omission was likely to harm Aboriginal cultural heritage.".

    (4)     For the note at the foot of section 27 of the Aboriginal Heritage Act 2006 substitute —

" Notes

1.     The provisions of Division 12 of Part I of the Crimes Act 1958 (which deal with attempts) apply to indictable offences against this Act.

2.     Section 187A applies to an offence against subsection (1), (3) or (5).".