35 Forfeiture of Aboriginal object to Crown (1) On conviction for an offence against section 34 S. 35(1) amended by involving an Aboriginal object, in addition to any No. 68/2009 other sentence imposed in respect of the offence, s. 97(Sch. item 1.2). the court by which the person was convicted— (a) must, if the object is owned by the person; and (b) may in all other cases— order that the object be forfeited to the Crown. (2) In this section, includes a plea of guilty conviction or a finding of guilt by a court, even if a conviction is not recorded. Division 4—Cultural heritage permits 35A Definition S. 35A inserted by In this Division— No. 11/2016 s. 31. in relation to an application for a approval body, cultural heritage permit, means— (a) a relevant registered Aboriginal party; or (b) if there is no relevant registered Aboriginal party—the Secretary; or (c) if the applicant is a registered Aboriginal party or the Secretary—the Council. 36 Application for cultural heritage permit (1) A person may apply to an approval body for a S. 36(1) amended by cultural heritage permit authorising the person to No. 11/2016 do one or more of the following— s. 32(1). (a) disturb or excavate any land for the purpose of uncovering or discovering Aboriginal cultural heritage;
35 Forfeiture of Aboriginal object to Crown S. 35(1) amended by No. 68/2009 s. 97(Sch. item 1.2). (1) On conviction for an offence against section 34 involving an Aboriginal object, in addition to any other sentence imposed in respect of the offence, the court by which the person was convicted— (a) must, if the object is owned by the person; and (b) may in all other cases— order that the object be forfeited to the Crown. (2) In this section, conviction includes a plea of guilty or a finding of guilt by a court, even if a conviction is not recorded. Division 4—Cultural heritage permits S. 35A inserted by No. 11/2016 s. 31. 35A Definition In this Division— approval body, in relation to an application for a cultural heritage permit, means— (a) a relevant registered Aboriginal party; or (b) if there is no relevant registered Aboriginal party—the Secretary; or (c) if the applicant is a registered Aboriginal party or the Secretary—the Council. 36 Application for cultural heritage permit S. 36(1) amended by No. 11/2016 s. 32(1). (1) A person may apply to an approval body for a cultural heritage permit authorising the person to do one or more of the following— (a) disturb or excavate any land for the purpose of uncovering or discovering Aboriginal cultural heritage;
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