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ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE PROTECTION ACT 1984 - SECT 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 .



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