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Contents (1974 - 80)
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National Parks and Wildlife Act 1974 No 80
Current version for 26 October 2018 to date (accessed 21 September 2019 at 14:34)
Part 6 Division 1 Section 86
86   Harming or desecrating Aboriginal objects and Aboriginal places
(1)  A person must not harm or desecrate an object that the person knows is an Aboriginal object.
Maximum penalty:
(a)  in the case of an individual—2,500 penalty units or imprisonment for 1 year, or both, or (in circumstances of aggravation) 5,000 penalty units or imprisonment for 2 years, or both, or
(b)  in the case of a corporation—10,000 penalty units.
(2)  A person must not harm an Aboriginal object.
Maximum penalty:
(a)  in the case of an individual—500 penalty units or (in circumstances of aggravation) 1,000 penalty units, or
(b)  in the case of a corporation—2,000 penalty units.
(3)  For the purposes of this section, circumstances of aggravation are:
(a)  that the offence was committed in the course of carrying out a commercial activity, or
(b)  that the offence was the second or subsequent occasion on which the offender was convicted of an offence under this section.
This subsection does not apply unless the circumstances of aggravation were identified in the court attendance notice or summons for the offence.
(4)  A person must not harm or desecrate an Aboriginal place.
Maximum penalty:
(a)  in the case of an individual—5,000 penalty units or imprisonment for 2 years, or both, or
(b)  in the case of a corporation—10,000 penalty units.
(5)  The offences under subsections (2) and (4) are offences of strict liability and the defence of honest and reasonable mistake of fact applies.
(6)  Subsections (1) and (2) do not apply with respect to an Aboriginal object that is dealt with in accordance with section 85A.
(7)  A single prosecution for an offence under subsection (1) or (2) may relate to a single Aboriginal object or a group of Aboriginal objects.
(8)  If, in proceedings for an offence under subsection (1), the court is satisfied that, at the time the accused harmed the Aboriginal object concerned, the accused did not know that the object was an Aboriginal object, the court may find an offence proved under subsection (2).
Note.
 An offence against subsection (1), (2) or (4) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 175B.