Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where the Minister:
(a) receives an application made orally or in writing by or on behalf of an Aboriginal or a group of Aboriginals seeking the preservation or protection of a specified object or class of objects from injury or desecration;
(b) is satisfied:
(i) that the object is a significant Aboriginal object or the class of objects is a class of significant Aboriginal objects; and
(ii) that the object or the whole or part of the class of objects, as the case may be, is under threat of injury or desecration;
(c) has considered any effects the making of a declaration may have on the proprietary or pecuniary interests of persons other than the Aboriginal or Aboriginals referred to in paragraph ( 1)(a); and
(d) has considered such other matters as he or she thinks relevant;
he or she may , by legislative instrument, make a declaration in relation to the object or the whole or that part of the class of objects, as the case may be.
(2) Subject to this Part, a declaration under subsection ( 1) has effect for such period as is specified in the declaration.
(3) A declaration under subsection ( 1) in relation to an object or objects shall:
(a) describe the object or objects with sufficient particulars to enable the object or objects to be identified; and
(b) contain provisions for and in relation to the protection and preservation of the object or objects from injury or desecration.
(3A) A declaration under subsection ( 1) cannot prevent the export of an object if there is a certificate in force under section 12 of the Protection of Movable Cultural Heritage Act 1986 authorising its export.
(4) A declaration under subsection ( 1) in relation to Aboriginal remains may include provisions ordering the delivery of the remains to:
(a) the Minister; or
(b) an Aboriginal or Aboriginals entitled to, and willing to accept, possession, custody or control of the remains in accordance with Aboriginal tradition.