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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 229 Killing or injuring a cetacean

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 229

Killing or injuring a cetacean

  (1)   A person commits an offence 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 offence is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1,000 penalty units, or both.

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