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

 



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