Commonwealth Numbered Acts

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 229D

Treating an illegally killed or taken cetacean
(1)
A person is guilty of an offence if:

(a)
the person treats a cetacean; and

(b)
the cetacean has been:

(i)
killed in contravention of section 229 or 229A; or
(ii)
taken in contravention of section 229B or 229C.
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)
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.

(3)
In this Act:

"treat" a cetacean means divide or cut up, or extract any product from, the cetacean.



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