Commonwealth Consolidated Acts

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

             (1)  A person who, in an emergency:

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

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

                     (c)  to protect the environment;

does an act mentioned in subsection 21A(2), and does so other than in accordance with a permit or a recognised foreign authority, must, before the end of the 60th day after the day on which the act was done, give a written report to the Minister or an authorised officer, in the prescribed form (or if no form is prescribed, in the form approved by the Minister):

                     (d)  describing the action; and

                     (e)  explaining why the action was taken.

Penalty:  60 penalty units.

             (2)  Subsection (1) does not apply if:

                     (a)  it is not possible for the person to give the written report to the Minister or an authorised officer before the end of the 60th day after the act was done; and

                     (b)  the person gives the written report to the Minister or an authorised officer as soon as practicable after that day.

Note:          The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code .

             (3)  Strict liability applies to subsection (1).

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

             (4)  In this section:

"authorised officer means a person authorised by the Minister, by notice published in the Gazette" , for the purposes of this section.