(3) It is a defence to a prosecution for an offence S. 185(3) under subsection (2) if the authorised officer or amended by No. 11/2016 Aboriginal heritage officer failed to inform the s. 125(4). person of the existence of the offence before the authorised officer or Aboriginal heritage officer attempted to exercise the power or carry out the duty or function. 186 Who may prosecute? (1) Subject to subsection (2), proceedings for an S. 186(1) amended by offence against this Act may only be taken by the No. 37/2014 s. 10(Sch. Secretary or a police officer. item 1.2). (2) Proceedings for an indictable offence against this Act must not be commenced without the written consent of the Director of Public Prosecutions. 187 Evidence (1) In proceedings for an offence against this Act S. 187(1) amended by involving the contravention of a stop order, No. 11/2016 a 24-hour stop order, an interim protection s. 126(1). declaration or an ongoing protection declaration, the stop order, 24-hour stop order, interim protection declaration or ongoing protection declaration is evidence that the place or object in respect of which it was issued or made is an Aboriginal place or object. (2) In any proceedings for an offence against this Act— S. 187(2)(a) (a) a certificate signed by the Minister to the amended by effect that a person named in the certificate No. 11/2016 is an authorised officer is evidence of that s. 126(2). fact; (b) a certificate signed by the Minister administering the Conservation, Forests and Lands Act 1987 to the effect that land identified in the certificate is Crown land is evidence of that fact;
S. 185(3) amended by No. 11/2016 s. 125(4). (3) It is a defence to a prosecution for an offence under subsection (2) if the authorised officer or Aboriginal heritage officer failed to inform the person of the existence of the offence before the authorised officer or Aboriginal heritage officer attempted to exercise the power or carry out the duty or function. 186 Who may prosecute? S. 186(1) amended by No. 37/2014 s. 10(Sch. item 1.2). (1) Subject to subsection (2), proceedings for an offence against this Act may only be taken by the Secretary or a police officer. (2) Proceedings for an indictable offence against this Act must not be commenced without the written consent of the Director of Public Prosecutions. 187 Evidence S. 187(1) amended by No. 11/2016 s. 126(1). (1) In proceedings for an offence against this Act involving the contravention of a stop order, a 24-hour stop order, an interim protection declaration or an ongoing protection declaration, the stop order, 24-hour stop order, interim protection declaration or ongoing protection declaration is evidence that the place or object in respect of which it was issued or made is an Aboriginal place or object. (2) In any proceedings for an offence against this Act— S. 187(2)(a) amended by No. 11/2016 s. 126(2). (a) a certificate signed by the Minister to the effect that a person named in the certificate is an authorised officer is evidence of that fact; (b) a certificate signed by the Minister administering the Conservation, Forests and Lands Act 1987 to the effect that land identified in the certificate is Crown land is evidence of that fact;
06-16a021.docx