History Details

Aboriginal Heritage Act 1972

1 January 2005 - 1 May 2005

Notes

¹ This is a compilation of the Aboriginal Heritage Act 1972 and includes the amendments made by the other written laws referred to in the following table^1a.

Compilation table

Short title	Number and year	Assent	Commencement	Miscellaneous
Aboriginal Heritage Act 1972	53 of 1972	2 Oct 1972	15 Dec 1972 (see s. 2 and Gazette 15 Dec 1972 p. 4681)
Aboriginal Heritage Amendment Act (No. 2) 1980	8 of 1980	23 Sep 1980	23 Sep 1980
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3	98 of 1985 (as amended by No. 4 of 1986, section 3)	4 Dec 1985	1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)	S. 4: savings and transitional
Acts Amendment (Land Administration) Act 1987 Pt. XIV	126 of 1987	31 Dec 1987	16 Sep 1988 (see s. 2 and Gazette 16 Sep 1988 p. 3637)
Guardianship and Administration Act 1990 s. 123	24 of 1990	7 Sep 1990	20 Oct 1992 (see s. 2 and Gazette 2 Oct 1992 p. 4811)
Acts Amendment (Public Sector Management) Act 1994 s. 3(1)	32 of 1994	29 Jun 1994	1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Aboriginal Heritage Amendment Act 1995	24 of 1995	30 Jun 1995	1 Jul 1995 (see s. 2 and Gazette 30 Jun 1995 p. 2781)	S. 19(2), (3) and (4): validation and savings²^; s. 51(2) and (3): transitional³
Sentencing (Consequential Provisions) Act 1995 Pt. 3 and s. 147	78 of 1995	16 Jan 1996	4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)
Acts Amendment (Land Administration) Act 1997 Pt. 3 and s. 141	31 of 1997	3 Oct 1997	30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765)
Gas Corporation (Business Disposal) Act 1999 s. 39	58 of 1999	24 Dec 1999	24 Dec 1999 (see s. 2(1))
Sentencing Legislation Amendment and Repeal Act 2003 s. 35	50 of 2003	9 Jul 2003	15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 1⁵	55 of 2004	24 Nov 2004	1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)

^1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title	Number and Year	Assent	Commencement
Courts Legislation Amendment and Repeal Act 2004 s. 142⁴	59 of 2004	23 Nov 2004	To be proclaimed (see s. 2)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80 & 82 ⁶	84 of 2004	16 Dec 2004	2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))

N.B. The Aboriginal Heritage Act 1972 is affected by the Aboriginal Heritage (Marandoo) Act 1992 (No. 2 of 1992), section 3.

The Aboriginal Heritage Act 1972 is affected by the Dampier to Bunbury Pipeline Act 1997 (No. 53 of 1997), Division 2 of Schedule 4 which reads as follows ¾

}

8. Persons who are to be included as owners

A person who ¾

(a) is the holder of rights conferred under section 34 of this Act in respect of land or is the holder's nominee approved under section 34(3) of this Act

;

(b) has authority under section 7 of the

Petroleum Pipelines Act 1969

to enter upon land,

is included as a person who is an owner of the land for the purposes of section 18 of the

Aboriginal Heritage Act 1972

Section 19(2), (3) and (4) of the

Aboriginal Heritage Amendment Act 1995

(No. 24 of 1995) reads as follows

}

(2) Subject to subsection (3), the performance or purported performance and exercise or purported exercise, during the period beginning on the commencement of the principal Act and ending on the day before the day that this Act comes into operation, by the Committee of the duties imposed and powers conferred by section 18 of the principal Act on the Trustees shall be deemed to have been lawful and valid.

(3) Subsection (2) does not apply to or in relation to legal proceedings instituted before 1 July 1990 in respect to the performance or purported performance of duties, or the exercise or purported exercise of powers, referred to in that subsection.

(4) In this section, }Trustees~ has the meaning given to it by the principal Act before its amendment by this Act.

Section 51(2) and (3) of the

Aboriginal Heritage Amendment Act 1995

(No. 24 of 1995) reads as follows

}

(2) After the commencement of the

Aboriginal Heritage Amendment Act 1995

, moneys standing to the credit of the Aboriginal Material Preservation Fund shall be transferred to an account forming part of the Trust Fund referred to in section 9 of the

Financial Administration and Audit Act 1985

established by the Treasurer and to be administered by the Department for the purposes of the protection of Aboriginal heritage.

(3) On the commencement of the Aboriginal Heritage Amendment Act 1995 the Trustees (as the accountable authority within the meaning in the Financial Administration and Audit Act 1985) are to report in respect of the Aboriginal Material Preservation Fund, as opened and kept under Part VIII of the principal Act prior to its amendment by this Act, as required by section 66 of that Act, for the period from the preceding 1 July to the time of the commencement, and Division 14 of Part II of the Financial Administration and Audit Act 1985 applies as if that period were a full financial year.

⁴

On the date as at which this compilation was prepared, the

Courts Legislation Amendment and Repeal Act 2004

s. 142, which gives effect to Sch. 2, had not come into operation. It reads as follows:

}

142. Other amendments to various Acts

Each Act listed in Schedule 2 is amended as set out in that Schedule immediately below the short title of the Act.

Schedule 2 cl. 1 reads as follows:

}

Schedule 2 ¾ Other amendments to Acts

Aboriginal Heritage Act 1972

s. 43(3)	Delete }Local Court at Perth~ and insert instead ¾ } Magistrates Court ~.
s. 43(4)	Delete }Local Court~ in the 2 places where it occurs and in each place insert instead ¾ } Magistrates Court ~.
s. 43(5)	Delete }Local Court~ in the 2 places where it occurs and in each place insert instead ¾ } Magistrates Court ~.
s. 43(6)	Delete }Local Court~ in the 3 places where it occurs and in each place insert instead ¾ } Magistrates Court ~.
s. 44	Delete }Local Court~ and insert instead ¾ } Magistrates Court ~.
s. 46(3)	Delete }Local Court held nearest to the place where the object is then located, or, at his option, to the Local Court at Perth,~ and insert instead ¾ } Magistrates Court ~.
s. 46(4)	Delete }Local Court~ and insert instead ¾ } Magistrates Court ~.
s. 47(2)	Delete }Local Court~ and insert instead ¾ } Magistrates Court ~.

⁵

The

State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004

Pt. 5, the

State Administration Tribunal Act 2004

s. 167 and 169, and the

State Administrative Tribunal Regulations 2004

r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

⁶ On the date as at which this compilation was prepared, the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80, which gives effect to Sch. 2, and s. 82 had not come into operation. They read as follows:

}

80. Various Acts amended (Sch 2)

Each Act listed in Schedule 2 is amended as set out in that Schedule immediately below the short title of the Act.

Schedule 2 cl. 3 reads as follows:

}

Schedule 2 ¾ Amendments to change terminology

[s. 80]

Aboriginal Heritage Act 1972

s. 53	Delete }complaint preferred by the Minister~ and insert instead ¾ } charge ~.
s. 60(3)	Delete }complaint~ and insert instead ¾ } charge ~.

}

82. References to

}

defendant

changed to

}

accused

Each provision listed in Table 2, 3 or 4 to this section is amended by deleting any expression listed in Table 1 column 1 in each place it occurs (whether in ordinary type, italics, bold or capitals) and in each place inserting instead (in corresponding type) the expression opposite the deleted expression in Table 1 column 2.

Table 1

Delete	Insert instead
A defendant	An accused
a defendant	an accused
a defendant's	an accused's
defendant	accused
defendants	accused
Defendants'	Accused's
Defendants	Accused
the defendant	the accused
the defendant's	the accused's

Table 2 ¾ Various provisions

Aboriginal Heritage Act 1972

s. 60(2)

Aboriginal Heritage Act 1972 - NOTES.pdf