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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 236

Offences relating to foreign whaling vessels

             (1)  The master of a foreign whaling vessel commits an offence if the vessel is brought into a port in Australia or an external Territory and the master has not obtained the written permission of the Minister for the vessel to be brought into the port.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  Subsection (1) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (3)  An offence against subsection (1) is punishable on conviction by a fine not exceeding 500 penalty units.

             (4)  Subsection (1) does not apply if:

                     (a)  the vessel is brought into the port in accordance with a prescribed agreement between Australia and any other country or countries; or

                     (b)  the vessel is brought into the port under the direction of a person exercising powers under a law of the Commonwealth or of a State; or

                     (c)  an unforeseen emergency renders it necessary to bring the vessel into the port in order to secure the safety of the vessel or human life.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3) of the Criminal Code .

             (5)  In this Act:

"foreign whaling vessel" means a vessel, other than an Australian vessel, designed, equipped or used for:

                     (a)  killing, taking, treating or carrying cetaceans; or

                     (b)  supporting the operations of a vessel or vessels designed, equipped or used for killing, taking, treating or carrying cetaceans.

"master" , in relation to a foreign whaling vessel, means the person (other than a ship's pilot) in charge or command of the vessel.



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