Commonwealth Numbered Acts

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WHALE PROTECTION ACT 1980 No. 92 of 1980 - SECT 11

Permits
11. (1) Subject to section 18, upon application made to the Minister in
accordance with the appropriate form approved by the Minister, the Minister
may, in his discretion, grant to a person a permit in writing authorizing the
person to do any or all of the following acts in circumstances in which, but
for the permit, they would constitute offences against this Act:

   (a)  take whales for live display or kill or take whales for scientific or
        educational purposes;

   (b)  kill or take whales in the course of and incidentally to licensed
        commercial fishing operations specified in the permit, being licensed
        commercial operations of a kind specified by the Minister for the
        purposes of this paragraph by notice published in the Gazette;

   (c)  do, for specified scientific purposes, a specified act or acts
        constituting interference with whales;

   (d)  have whales in his possession, or treat or otherwise deal with whales
        in a specified manner and for specified purposes connected with the
        preservation, conservation and protection of whales.

(2) A permit shall specify the class or classes of whales, and the number of
whales, or the respective numbers of whales of each class, in relation to
which it applies.

(3) A permit comes into force on a specified day or, if no day is specified,
on the day on which it is granted, and remains in force, subject to this Act,
until-

   (a)  in the case of a permit to do an act or acts included in a prescribed
        class of acts, the expiration of the prescribed period; or

   (b)  in any other case-the expiration of the day specified under sub-
        section (4).

(4) A permit, other than a permit to which paragraph (3) (a) applies, shall
specify as the day of the expiration of the permit a day within the period of
12 months commencing on the day on which the permit comes into force or, in
the case of a permit that comes into force during the month of December in any
year, a day not later than 31 December in the next succeeding year.

(5) The Minister shall cause registers showing particulars of permits in force
from time to time to be kept at such places as the Minister directs.

(6) Nothing in this Act prevents a permit and an instrument of a like nature
under a law of a State or Territory from being issued in the one instrument. 


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