ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 229D Treating cetaceans

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 229D

Treating unlawfully killed or taken cetaceans

  (1)   A person commits an offence if:

  (a)   the person treats a cetacean; and

  (b)   the cetacean has been:

  (i)   killed in contravention of section   229 or 229A; or

  (ii)   taken in contravention of section   229B or 229C.

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)   An offence against subsection   (1) is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1,000 penalty units, or both.

Treating unlawfully imported cetaceans

  (2A)   A person commits an offence if:

  (a)   the person treats a cetacean; and

  (b)   the cetacean has been unlawfully imported.

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   Subsection   4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

  (2B)   An offence against subsection   (2A) is punishable on conviction by imprisonment for not more than 5 years or a fine not exceeding 1,000 penalty units, or both.

  (3)   In this Act:

"treat" a cetacean means divide or cut up, or extract any product from, the cetacean.