(1) A person commits an offence of strict liability if the person feeds or attempts to feed a cetacean in the Marine Park (including by throwing food or rubbish into the water near a cetacean).
Exception
(2) Subsection (1) does not apply to the routine discarding of bycatch by a commercial fisher if the fisher makes reasonable efforts to avoid discarding bycatch near the cetacean.
Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code ).