ABORIGINAL CULTURAL
HERITAGE BILL 2021
997. Hon SOPHIA MOERMOND to the Minister for Aboriginal Affairs:
I refer to the lack of legal
redress for Aboriginal knowledge holders to enforce for breaches under the
Aboriginal Cultural Heritage Bill 2021, as detailed at paragraphs 22 and 31 of
the early warning and urgent action request to the United Nations Convention on
the Elimination of All Forms of Racial Discrimination.
(1) Why is it that the bill
contains no procedure for just and legal redress?
(2) Will the
minister withhold the introduction of the bill until it does contain
appropriate redress procedures for Aboriginal knowledge holders to enforce in
respect of instances of destruction of cultural heritage?
Hon
STEPHEN DAWSON replied:
(1)–(2) The
Aboriginal Cultural Heritage Bill 2021 includes significantly higher penalties
to reflect the serious impact that harm to heritage has for Aboriginal people,
with up to $10 million for a prescribed body corporate and $1 million or
imprisonment up to five years for an individual. The bill provides that any penalties for harm offences will be paid into an
Aboriginal cultural heritage compensation fund rather than to government's
consolidated revenue, with compensation available to Aboriginal parties whose
heritage has been harmed by the offence.