71—Taking, injuring etc aquatic mammals and protected species prohibited
(a) take
an aquatic mammal or aquatic resource of a protected species; or
(b)
injure, damage or otherwise harm an aquatic mammal or aquatic resource of a
protected species.
Maximum penalty:
(a) if
the offence involves an aquatic mammal—
(i)
in the case of a body corporate—$250 000;
(ii)
in the case of a natural person—$100 000 or
imprisonment for 2 years;
(b) in
any other case—
(i)
for a first offence—
(A) in the case of a body
corporate—$50 000;
(B) in the case of a natural
person—$10 000;
(ii)
for a second or subsequent offence—
(A) in the case of a body
corporate—$100 000;
(B) in the case of a natural
person—$20 000.
Expiation fee: In the case of an offence not involving an aquatic
mammal—$500.
(2) A person must
not—
(a)
interfere with, harass or molest an aquatic mammal or aquatic resource of a
protected species; or
(b)
cause or permit interference with, harassment or molestation of, an
aquatic mammal or aquatic resource of a protected species.
Maximum penalty:
(a) if
the offence involves an aquatic mammal—
(i)
in the case of a body corporate—$250 000;
(ii)
in the case of a natural person—$100 000 or
imprisonment for 2 years;
(b) in
any other case—
(i)
for a first offence—
(A) in the case of a body
corporate—$50 000;
(B) in the case of a natural
person—$10 000;
(ii)
for a second or subsequent offence—
(A) in the case of a body
corporate—$100 000;
(B) in the case of a natural
person—$20 000.
Expiation fee: In the case of an offence not involving an aquatic
mammal—$500.
(3) In proceedings for
an offence against this section, it is a defence if the defendant
proves—
(a) that
the alleged offence was not committed intentionally and did not result from
any failure on the part of the defendant to take reasonable care to avoid the
commission of the offence; or
(b) that
the act alleged to constitute the offence was authorised by or under some
other Act or law.
(4)
Subsection (3)(a) does not apply in relation to a person who is charged
with an offence under section 120(1) or (1a).