Part III—Offences, penalties and legal proceedings
22 Offences and penalties
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct contravenes a provision of a declaration made under Part II in relation to a significant Aboriginal area.
Penalty:
(a) if the person is a natural person—imprisonment for 5 years or 100 penalty units, or both; or
(b) if the person is a body corporate—500 penalty units.
(2) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct contravenes the terms of a declaration under this Part relating to a significant Aboriginal object or significant Aboriginal objects.
Penalty:
(a) if the person is a natural person—imprisonment for 2 years or 50 penalty units, or both; or
(b) if the person is a body corporate—250 penalty units.
(3) A person who contravenes subsection 20(1) commits an offence punishable, on conviction, by a fine not exceeding 5 penalty units.
(4) A person who contravenes subsection 17(4) commits an offence punishable, on conviction, by a fine not exceeding 1 penalty unit.
(5) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
23 Indictable offences
(1) Subject to subsection (2), the following offences are indictable offences:
(a) an offence referred to in subsection 22(1) or (2);
(b) an offence against:
(i) section 6 of the Crimes Act 1914; or
(ii) section 11.1, 11.4 or 11.5 of the Criminal Code;
in relation to an offence referred to in paragraph (a) of this subsection.
(2) A court of summary jurisdiction may hear and determine proceedings in respect of an offence referred to in subsection (1) if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
(3) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence referred to in that subsection, the penalty that the court may impose is:
(a) if the person is a natural person—imprisonment for a period not exceeding 12 months or a fine not exceeding 20 penalty units, or both; or
(b) if the person is a body corporate—a fine not exceeding 100 penalty units.
24 Evidence
(1) In any proceedings for an offence referred to in subsection 23(1), the proof of a declaration made under Part II in relation to an area, object or objects is prima facie evidence that the area is a significant Aboriginal area, the object is a significant Aboriginal object or the objects are significant Aboriginal objects, as the case may be.
(2) For the purposes of subsection (1), a declaration made by the Minister under Part II may be proved by the production of the Gazette purporting to contain it.
(3) In proceedings for an offence referred to in subsection 23(1), where there is evidence that, at the relevant time, the defendant neither knew, nor had reasonable grounds for knowing, of the existence of the declaration alleged to have been contravened, the defendant shall not be committed for trial or convicted unless the prosecution proves that, at that time, the defendant knew, or ought reasonably to have known, of the existence of the declaration.
25 Body corporate responsible for acts of employees and agents
(1) Where, at a particular time, a member of the governing body, director, employee or agent of a body corporate:
(a) intends to do, or not to do, a particular act; or
(b) knows, or ought reasonably to know, of the existence of a declaration made under Part II;
paragraph (a) or (b), as the case may be, shall be deemed to apply to the body corporate at that time.
(2) Any conduct engaged in on behalf of a body corporate by a member of the governing body, director, employee or agent of the body corporate, or by any other person at the direction or with the consent or agreement (whether express or implied) of one of the first‑mentioned persons, shall be deemed, for the purposes of this Act, to have been engaged in also by the body corporate.
(3) In subsection (2), a reference to engaging in conduct is a reference to doing, or failing or refusing to do, any act or thing.
(4) In relation to a body corporate that does not have a governing body, a reference in this section to a member of the governing body is a reference to a member of the body corporate.
26 Injunctions
(1) Where, on the application of the Minister, the Federal Court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute:
(a) a contravention of a provision of a declaration made under Part II;
(b) attempting to contravene such a provision;
(c) aiding, abetting, counselling or procuring a person to contravene such a provision;
(d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision;
(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or
(f) conspiring with others to contravene such a provision;
the Court may grant an injunction in such terms as the Court determines to be appropriate.
(2) Where in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1).
(3) The Court may rescind or vary an injunction granted under subsection (1) or (2).
(4) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised:
(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind;
(b) whether or not the person has previously engaged in conduct of that kind; and
(c) whether or not there is a serious and immediate threat of injury to, or desecration of, the relevant area, place, object or objects, as the case may be, if the person engages in conduct of that kind.
(5) The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised:
(a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing;
(b) whether or not the person has previously refused or failed to do that act or thing; and
(c) whether or not there is a serious and immediate threat of injury to, or desecration of, the relevant area, place, object or objects, as the case may be, if the person refuses or fails to do that act or thing.
27 Proceedings in camera
In any proceedings in a court arising under this Act, the court, on application, may, if it is satisfied that it is desirable to do so, having regard to:
(a) the interests of justice; and
(b) the interests of Aboriginal tradition;
order the exclusion of the public, or of persons specified in the order, from a sitting of the court and make such orders as it thinks fit for the purpose of preventing or limiting the disclosure of information with respect to the proceedings.
28 Compensation for acquisition of property
(1) Where, but for this section, the operation of a provision of this Act or of a declaration made under Part II would result in the acquisition of property from a person otherwise than on just terms, there is payable to the person by the Commonwealth such reasonable amount of compensation as is agreed upon between the person and the Commonwealth or, failing agreement, as is determined by the Federal Court.
(2) In subsection (1), acquisition of property and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.
29 Powers of courts not limited
Nothing in this Act shall be taken to limit or restrict any powers conferred on a court by any other law.
30 Legal assistance
(1) A person:
(a) who wishes to apply for a declaration under section 9, 10 or 12;
(b) who considers that his or her proprietary or pecuniary interests:
(i) are likely to be adversely affected by a declaration proposed to be made under section 9, 10, 12 or 18; or
(ii) are adversely affected by a declaration so made; or
(c) against whom proceedings have been instituted:
(i) for an offence referred to in subsection 23(1); or
(ii) under section 26;
may apply to the Attorney‑General for a grant of assistance under subsection (2).
(2) Where an application is made by a person under subsection (1), the Attorney‑General, or a person appointed or engaged under the Public Service Act 1999 (the public servant) authorized in writing by the Attorney‑General, may, if he or she is satisfied that it would involve hardship to that person to refuse the application and that, in all the circumstances, it is reasonable that the application should be granted, authorize the grant by the Commonwealth to the person, either unconditionally or subject to such conditions as the Attorney‑General or public servant determines, of such legal or financial assistance as the Attorney‑General or public servant determines.