Victorian Numbered Acts

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HERITAGE ACT 2017 (NO. 7 OF 2017) - SECT 71

Powers to ascertain location of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck

artefacts

    (1)     The Executive Director may give written notice to a person if it appears to the Executive Director that—

        (a)     the person may have, or may have had, possession of an item; and

        (b)     the item is, or may be, a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

    (2)     A notice under subsection (1) may require the person to whom it is given—

        (a)     to inform the Executive Director whether the person has, or has had, possession of the item; and

        (b)     if the person has ceased to have possession of the item, to give the Executive Director particulars of the circumstances in which the person ceased to have possession of the item; and

        (c)     if the person has transferred possession, custody or control of the item to another person, to give the Executive Director the name and address of the person to whom possession, custody or control of the item was transferred.

    (3)     A person to whom notice is given under section (1) must not—

        (a)     refuse or fail to comply with the notice to the extent that the person is capable of complying with it; or

        (b)     in purported compliance with the notice, knowingly provide information that is false or misleading.

Penalty:     In the case of a natural person, 120 penalty units;

    In the case of a body corporate, 240 penalty units.



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