Commonwealth Consolidated Acts

ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 - SECT 21A

             (1)  In this section:

"activity" means an activity to which Part 3 applies.

             (2)  A person commits an offence if:

                     (a)  the person carries on an activity; and

                     (b)  the person does so in the Antarctic; and

                     (c)  the person is not authorised by the Minister under Part 3 to carry on the activity.

Penalty:  Imprisonment for 7 years or 420 penalty units, or both.

             (3)  A person commits an offence if:

                     (a)  the Minister authorised the person under Part 3 to carry on an activity in the Antarctic subject to a condition being complied with; and

                     (b)  the person carries on the activity; and

                     (c)  the person does so without the condition being complied with.

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

             (4)  In a prosecution of a person for an offence against subsection (2) or (3), it is a defence if:

                     (a)  the activity was carried on in an emergency:

                              (i)  to save a person from death or serious injury; or

                             (ii)  to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or

                            (iii)  to protect the environment; or

                     (b)  the person was authorised to carry on the activity under a law of a Contracting Party.

Note:          The defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3) of the Criminal Code .