Commonwealth Numbered Acts Commonwealth Numbered Acts
Antarctic Treaty (Environment Protection) Act 1980
1 Subsection 3(1)
Insert:
"guide" , in relation to the passengers of a vessel, means a person:
(a) who, in the opinion of the person (the organiser ) who organises the vessel to take the passengers to the Antarctic, has relevant expertise in relation to the Antarctic; and
(b) who is engaged by the organiser to be a guide in relation to the passengers.
2 Subsection 3(1)
Insert:
"passenger" , of a vessel, does not include:
(a) a person employed or engaged in any capacity on board the vessel on the business of the vessel; or
(b) a guide.
3 After Part 2
Insert:
The following is a simplified outline of this Part:
This Part is about vessels that carry passengers to the Antarctic. The limits set out in this Part apply if the vessels are organised to carry the passengers by a person who is not a Contracting Party to the Treaty.
12AB Prohibition on passengers disembarking from certain vessels
(1) A person contravenes this subsection if:
(a) the person is not a Contracting Party to the Treaty; and
(b) the person organises a vessel to carry passengers to the Antarctic; and
(c) one or more passengers of the vessel (the first vessel ) disembark (whether or not from the first vessel or another vessel) onto land within the Antarctic; and
(d) immediately before any passengers disembark from the first vessel, that vessel is carrying more than the number of passengers prescribed by the regulations.
(2) Subsection (1) does not apply if the passengers disembark in an emergency:
(a) to save a person from death or serious injury; or
(b) to secure the safety of a ship or aircraft, or the safety of equipment or facilities of high value; or
(c) to protect the environment.
Offence
(3) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code .
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 1,000 penalty units.
Note: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 22N).
(5) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.
12AC Limit on the number of passengers that disembark from vessels
(1) A person contravenes this subsection if:
(a) the person is not a Contracting Party to the Treaty; and
(b) the person organises a vessel to carry passengers to the Antarctic; and
(c) one or more passengers of the vessel disembark (whether or not from that vessel or another vessel) onto land within the Antarctic; and
(d) at a particular time, the number of passengers on land within the Antarctic is higher than the number of passengers prescribed by the regulations.
(2) Subsection (1) does not apply if the passengers disembark in an emergency:
(a) to save a person from death or serious injury; or
(b) to secure the safety of a ship or aircraft, or the safety of equipment or facilities of high value; or
(c) to protect the environment.
Offence
(3) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code .
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 500 penalty units.
Note: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 22N).
(5) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.
12AD Requirement relating to the number of guides in relation to disembarked passengers
(1) A person contravenes this subsection if:
(a) the person is not a Contracting Party to the Treaty; and
(b) the person organises a vessel to carry passengers to the Antarctic; and
(c) one or more passengers of the vessel disembark (whether or not from that vessel or another vessel) onto land within the Antarctic; and
(d) at a particular time, the number worked out by dividing the number of guides, in relation to the passengers, who are on the land by the number of passengers who are on the land is less than the number prescribed by the regulations.
(2) Subsection (1) does not apply if the passengers disembark in an emergency:
(a) to save a person from death or serious injury; or
(b) to secure the safety of a ship or aircraft, or the safety of equipment or facilities of high value; or
(c) to protect the environment.
Offence
(3) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code .
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 500 penalty units.
Note: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 22N).
(5) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.
12AE Requirement to coordinate
(1) A person (the first person ) contravenes this subsection if:
(a) the first person is not a Contracting Party to the Treaty; and
(b) the first person organises a vessel to carry passengers to the Antarctic; and
(c) the first person fails to coordinate with any other persons:
(i) who are not Contracting Parties to the Treaty; and
(ii) who organise vessels to carry passengers to the Antarctic;
with the objective that no more than one vessel is at a landing site in the Antarctic at the same time.
(2) Subsection (1) does not apply if the first person fails to coordinate with those other persons in an emergency:
(a) to save a person from death or serious injury; or
(b) to secure the safety of a ship or aircraft, or the safety of equipment or facilities of high value; or
(c) to protect the environment.
Offence
(3) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code .
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 500 penalty units.
Note: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 22N).
(5) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.