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



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