(b) give a report in the prescribed form to the Council, including a list and details of the Aboriginal ancestral remains. We provide leadership in ethics and protocols for research related to Aboriginal and Torres Strait Islander peoples and collections. The Act also makes it an offence to knowingly use registered intangible Aboriginal cultural heritage for commercial purposes without consent. (2) A person must not recklessly use any registered Aboriginal intangible heritage for commercial purposes without the consent of the relevant registered Aboriginal party, registered native title holder or traditional owner group entity. "I will continue to talk to them about any concerns that they have.". (3) The Secretary must decide to approve or refuse to approve an application within 90 days of receiving the application. (1) The Secretary may appoint an activity advisory group for a proposed activity if—, (a) the Secretary receives a notice of intention to prepare a cultural heritage management plan under section 54; and. Act binds the Crown PART 2--OWNERSHIP AND CUSTODY OF ABORIGINAL CULTURAL HERITAGE Division 1--Underlying principles 12. Public institutions such as museums and universities will have to declare to the Victorian Aboriginal Heritage Council any ancestral remains they possess and the Council will be in control of determining what happens to those ancestral remains. The Act amends the Aboriginal Heritage Act 2006 (Vic) to improve reporting requirements in relation to Aboriginal cultural heritage, to introduce provisions regarding Aboriginal intangible heritage, and to establish an Aboriginal Cultural Heritage Fund. AIATSIS holds the worlds largest collection dedicated to Australian. Access assistance in your state and territory. The maximum penalty is 1800 penalty units for an individual and 10,000 penalty units for a body corporate. (1) An authorised officer or an Aboriginal heritage officer may issue a 24-hour stop order to a person if—, (a) the person is carrying out, or proposes to carry out, an act; and, (b) the authorised officer or Aboriginal heritage officer is satisfied that there are reasonable grounds for believing that the carrying out of the act is harming, or is likely to harm, Aboriginal cultural heritage; and. Apart from some specific issues of detail and concern, the proposed changes to the Aboriginal Heritage Act 1988, reflected in the Aboriginal Heritage (Miscellaneous) Amendment Bill 2016, are positive. "The level of protection that's been provided by nearly 30 years of the Aboriginal Heritage Act will remain," he said. The Act provides that intangible Aboriginal cultural heritage 'means any knowledge of or expression of Aboriginal tradition, other than Aboriginal cultural heritage, and includes oral traditions, performing arts, stories, rituals, festivals, social practices, craft, visual arts, and environmental and ecological knowledge, but does not include anything that is widely known to the public.'. We will be developing online culturally responsive and racially literate teacher professional development. s 79C Registration of Aboriginal intangible heritage. make improvements for history, Amendments to the act were introduced to Parliament a fortnight ago and today passed the Legislative Council. AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), Scott Morrison says no action to be taken against ministers following Four Corners report, Australia in talks to expand travel bubble to parts of Asia, If you're on the JobSeeker payment, here's how much you can now expect to get, A '90 per cent effective' COVID vaccine is great news but it's not at the finish line yet, Live: US Attorney-General tells federal prosecutors they can investigate voter fraud claims, despite little evidence, Australia's gas-led recovery likely to be a 'mirage', Some world leaders have stayed silent on Joe Biden's election victory. Yesterday the State Government introduced a Bill proposing far reaching changes to the Aboriginal Heritage Act 1988. Principles Division 2--Aboriginal ancestral remains 14 . Act as made. (4) This section applies in addition to any other provision of this Act relating to the reporting and transfer of Aboriginal ancestral remains to the Council. You can search the Collection online or visit the Stanner Reading Room to view or listen to collection items and conduct research. s 79G Offence to use registered Aboriginal intangible heritage for commercial purposes. Aboriginal groups from Lake Torrens have been trying to use that clause over recent years to stop a mining operation from going ahead. Penalty: In the case of a natural person, 1800 penalty units; In the case of a body corporate, 10 000 penalty units. Aboriginal Heritage Amendment Act 2016 (Vic). Note Section 187A applies to an offence against this subsection. In this case and that of an ILUA the relevant area must not be within the APY or MT lands nor be an area in respect of which a registered native title body corporate has already been appointed as the RAB; where the Committee receives more than one application for appointment as a RAB, it must give priority to the applicant that “the evidence suggests has the strongest affiliation with, and responsibility for, the relevant area, site, object or remains, in accordance with Aboriginal tradition”. (b) to any relevant registered Aboriginal party. No detail is provided in the Bill as to the content of the proposed guidelines; the creation of Recognised Aboriginal Bodies (RABs) for specific areas or specific Aboriginal site(s), object(s) or remains. The Act includes hundreds of amendments with five broad aims: to increase Aboriginal self-determination, The Act amends the Aboriginal Heritage Act 2006 (Vic) to improve reporting requirements in relation to Aboriginal cultural heritage, to introduce provisions regarding Aboriginal intangible heritage, and to establish an Aboriginal Cultural Heritage Fund. Aboriginal and Torres Strait Islander people should be aware that this website contains images, voices and "I think the amendments are being rushed through for some reason," he said. "At the moment they're very concerning, because it's diluting Aboriginal rights, whereas the Aboriginal Heritage Act should be strengthening Aboriginal rights to protect their heritage," he said. The act is in place to protect them from different activities, including mining operations. Download 'Changes to Aboriginal Heritage Act Introduced into State Parliament' File. Once registered, anyone wishing to use that intangible heritage for their own purpose will require a formal agreement with the relevant traditional owner organisation. "Possible changes to the act have been consulted with for almost a decade now and one thing has been consistent, Aboriginal people want to be at the forefront of protecting their heritage," Mr Maher said. This Alert is intended as an alert only. For further information see the Explanatory Memorandum or Second Reading Speech. Learn about the different sources of family history information. The amendments will be introduced into the Lower House during the next sitting week. (3) A public entity or a university must take all reasonable steps to transfer the Aboriginal ancestral remains into the custody of the Council as soon as practicable after giving a report to the Council under subsection (1). The Native Title Research and Access Service is your first stop for information about the native title resources in the AIATSIS collection. "It means that the minister doesn't have to delegate his powers and it paves the way for the miners to come back and have another go.".
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