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

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 .