- (1)
- A person is guilty of an offence if:
- (a)
- the person takes, trades, keeps, moves or interferes with a cetacean; and
- (b)
- the cetacean is in:
- (i)
- the Australian Whale Sanctuary (but not the coastal waters, or a part of
the coastal waters, of a State or the Northern Territory for which a
declaration under section 228 is in force); or
- (ii)
- waters beyond the outer limits of the Australian Whale Sanctuary.
- Note 1: Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility.
Note 2: This section does not apply in the circumstances described in section
231. A defendant bears an evidential burden in relation to those
circumstances. See subsection 13.3(3) of the Criminal Code .
- (2)
- Strict liability applies to paragraph (1)(b).
- Note: For strict liability , see section 6.1 of the Criminal Code .
- (3)
- The offence is punishable on conviction by imprisonment for not more than
2 years or a fine not exceeding 1,000 penalty units, or both.
- (4)
- In this Act:
"interfere" with a cetacean includes harass, chase, herd, tag, mark or brand
the cetacean.
Commonwealth Numbered Acts