Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 85, 2018
Compilation No. 2
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Underwater Cultural Heritage Act 2018 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Introduction
Division 1--Preliminary
1 Short title
2 Commencement
3 Objects of this Act
4 Simplified outline of this Act
5 Extension to external Territories
6 This Act binds the Crown
7 Extraterritorial operation of this Act
8 Geographical application of offences
Division 2--Definitions
10 Meaning of associated with
11 Meaning of Australian waters
12 Meaning of coastal waters of a State or the Northern Territory
13 Meaning of Commonwealth waters
14 Meaning of Dutch shipwreck
15 Meaning of underwater cultural heritage
Part 2--Protected underwater cultural heritage
Division 1--Underwater cultural heritage
16 Underwater cultural heritage that is automatically protected
17 Underwater cultural heritage that may be declared to be protected
18 Underwater cultural heritage outside Australian waters that may be declared to be protected
19 Underwater cultural heritage that may be provisionally declared to be protected
Division 2--Protected zones
20 Declaring a protected zone
21 Varying and revoking protected zone declaration
Division 3--Other matters
22 Criteria relating to heritage significance
Part 3--Regulation of protected underwater cultural heritage
Division 1--Permits relating to protected underwater cultural heritage
23 Permits relating to protected underwater cultural heritage
24 Permits are subject to conditions
25 Varying permits
26 Suspending and revoking permits
27 Transfer of permits
28 Breach of conditions of permit
Division 2--Regulation of activities relating to protected underwater cultural heritage
29 Certain conduct within a protected zone prohibited without a permit
30 Conduct having an adverse impact on protected underwater cultural heritage prohibited without a permit
31 Possession etc. of protected underwater cultural heritage prohibited without a permit
32 Supplying, or offering to supply, protected underwater cultural heritage prohibited without a permit
33 Advertisements for sale of protected underwater cultural heritage must include permit number
34 Importing protected underwater cultural heritage prohibited without a permit
35 Exporting protected underwater cultural heritage prohibited without a permit
36 Importing underwater cultural heritage of a foreign country prohibited without a permit
37 Requirement to produce permits
38 Minister may ascertain location of protected underwater cultural heritage
39 Minister may give directions about custody etc. of protected underwater cultural heritage
40 Discovery of certain underwater cultural heritage must be notified
Part 4--Compliance and enforcement
Division 1--Regulatory powers
41 Monitoring powers
42 Investigation powers
43 Civil penalty provisions
44 Infringement notices
45 Enforceable undertakings
46 Injunctions
Division 2--Forfeiture
47 Court may order forfeiture
Part 5--Other matters
48 Register of underwater cultural heritage
49 Review of decisions
50 Declaration of ownership of specified Dutch shipwrecks and associated articles
51 Declaration of ownership of other underwater cultural heritage
52 Ownership of, and sovereignty in, remains of Australian defence vessels etc.
53 Compensation for acquisition of property
54 Certificate by Minister to be evidence
55 Contravening offence or civil penalty provisions
56 Delegation of Minister's powers
57 Delegation of Secretary's powers
58 Approved forms
59 Arrangements for States and the Northern Territory to carry out certain functions
60 Appointment of inspectors
61 Underwater Cultural Heritage Rules
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
85, 2018 | 24 Aug 2018 | 1 July 2019 (s 2(1) item 1) |
| |
13, 2021 | 1 Mar 2021 | Sch 2 (item 795): 1 Sept 2021 (s 2(1) item 5) | -- | |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 7 (item 19): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 4 |
|
Division 1 |
|
s 41.................... | am No 13, 2021 |
s 42.................... | am No 13, 2021 |
s 43.................... | am No 13, 2021 |
s 45.................... | am No 13, 2021 |
s 46.................... | am No 13, 2021 |
Part 5 |
|
s 49.................... | am No 38, 2024 |