Environment Protection and Biodiversity Conservation Act 1999

  • Language: English
  • Year: 1999

Fishing Offenses & Infractions

Does the law/regulation contain any provisions prohibiting the targeting of marine mammals?

  • Chapter 5, Part 13, Division 3, Subdivision C Section 229

    PDF (page 378)Source URL

    Killing or injuring a cetacean (1) A person commits an offense if: (a) the person takes an action; and (b) the action results in the death or injury of a cetacean; and (c) the cetacean is in: (i) the Australian Whale Sanctuary (but not the coastal waters, or a part of the coastal waters, of a State or the Northern Territory for which a declaration under section 228 is in force); or

    (ii) waters beyond the outer limits of the Australian Whale Sanctuary.

    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 .

    (1A) Strict liability applies to paragraph (1)(c).

    Note: For strict liability , see section 6.1 of the Criminal Code .

    (2) The offense is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1,000 penalty units, or both.