Victorian Numbered Acts Victorian Numbered Acts(1) A person who finds a shipwreck or shipwreck artefact must within 7 days give to the Executive Director a notice in writing setting out—
(a) a description of the shipwreck or shipwreck artefact; and
(b) a description of the place where the shipwreck or shipwreck artefact is situated which is sufficient to enable the shipwreck or shipwreck artefact to be located.
Penalty: In the case of a natural person, 120 penalty units;
In the case of a body corporate, 240 penalty units.
(2) The notice under subsection (1) must be in the prescribed form and contain any other prescribed details.
(3) A person must not in a notice purporting to be given to the Executive Director under subsection (1) make a statement that to their knowledge is false or misleading in a material particular.
Penalty: In the case of a natural person, 120 penalty units;
In the case of a body corporate, 240 penalty units.
(4) Subsection (1) does not apply if—
(a) the person did not know and, in the circumstances, they could not reasonably have been expected to know that the thing which they found was a shipwreck or a shipwreck artefact; or
(b) a notice was given in accordance with subsection (1) to the Executive Director in respect of the shipwreck or shipwreck artefact by a person who is not the person charged for the offence before it was practicable for the person charged for the offence to give the notice; or
(c) the person had reasonable grounds for believing that a notice was given to the Executive Director in accordance with subsection (1) by some other person in respect of the shipwreck or shipwreck artefact before it was practicable for the first-mentioned person to give the notice.
(5) A person who has found a shipwreck or shipwreck artefact must not knowingly carry out operations designed to conceal the location of the shipwreck or shipwreck artefact.
Penalty: In the case of a natural person, 120 penalty units;
In the case of a body corporate, 240 penalty units.
(6) A prosecution must not be continued in respect of an offence under this section unless the court is provided with a certificate signed by the Executive Director that the shipwreck or shipwreck artefact is of cultural heritage significance.
(7) A certificate signed by the Executive Director under subsection (6) is conclusive evidence of the facts stated in it.