Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person takes, trades, keeps, moves or interferes with a cetacean; and
(b) 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 .
(2) Strict liability applies to paragraph (1)(b).
Note: For strict liability , see section 6.1 of the Criminal Code .
(3) The offence is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1,000 penalty units, or both.
(4) In this Act:
"interfere" with a cetacean includes harass, chase, herd, tag, mark or brand the cetacean.
"trade" a cetacean:
(i) buy the cetacean, agree to receive it under an agreement to buy, agree to accept it under such an agreement or acquire it by barter; or
(ii) sell the cetacean, offer it for sale, agree to sell it, have it in possession for the purpose of sale, deliver it for the purpose of sale, receive it for the purpose of sale or dispose of it by barter for the purpose of gain or advancement; or
(iii) cause or allow any of the acts referred to in subparagraph (i) or (ii) to be done; but
(b) does not include export the cetacean from Australia or an external Territory or import it into Australia or an external Territory.
Note: For provisions relating to export or import, see Part 13A.