Commonwealth Numbered Acts

WHALE PROTECTION ACT 1980 No. 92 of 1980 - SECT 9

PART II-PRESERVATION, CONSERVATION AND PROTECTION
OF WHALES Killing, taking, &c., of whales prohibited
9. (1) A person shall not-

   (a)  in waters to which this Act applies, kill, injure, take or interfere
        with any whale; or

   (b)  treat any whale that has been killed or taken in contravention of this
        Act or has been unlawfully imported.

Penalty-

   (a)  on summary conviction-$5,000; or

   (b)  on conviction on indictment-$100,000.

(2) A person who has in his possession a whale or part of a whale, or a
product derived from a whale, where the whale has been killed or taken in
contravention of this Act or has been unlawfully imported, is guilty of an
offence punishable on conviction-

   (a)  on summary conviction-by a fine not exceeding $5,000; or

   (b)  on conviction on indictment-by a fine not exceeding $100,000.

(3) A person who, in waters to which this Act applies, takes a live whale
otherwise than in accordance with a permit and otherwise than in contravention
of this Act shall release the whale forthwith.

Penalty-

   (a)  on summary conviction-$5,000; or

   (b)  on conviction on indictment-$10,000.

(4) Sub-section (3) does not apply where, after the whale in question was
taken, it was killed in circumstances of a kind referred to in sub-section
(5).

(5) Sub-sections (1) and (2) do not apply in relation to any action by a
person if-

   (a)  the action in question was done in accordance with a permit;

   (b)  the action in question was reasonably necessary to avoid loss of human
        life, injury to any person or damage to any vessel or aircraft or to
        any structure affixed to or resting on the sea-bed;

   (c)  in the case of killing, injuring, taking or interfering with a whale-
        the action in question was done while the person was engaged in
        licensed commercial fishing operations and was-

        (i)    unavoidable in the course of those operations; or

        (ii)   reasonably necessary to avoid damage to a vessel or equipment
               used in those operations, or the action in question was done in
               a humane manner and was reasonably necessary to relieve or
               prevent suffering by that or any other whale; or

   (d)  in the case of treating a whale-the action in question was reasonably
        necessary to prevent a risk to human health.