Commonwealth Numbered Acts

ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 No. 103 of 1980 - SECT 3

3. (1) In this Act, unless the contrary intention appears-



"Agreed Measures" means measures for the conservation of Antarctic fauna and
flora approved by Australia under Article IX of the Treaty, and includes any
measures for like purposes so approved after the commencement of this section;



"aircraft" means a machine or apparatus that can derive support in the
atmosphere from the reactions of the air or from buoyancy, but does not
include a hovercraft;



"animal" includes a native mammal or native bird;



"another Contracting Party" means a Contracting Party to the Treaty other than
Australia;



"Antarctic" means the area south of 60# south latitude, including all ice
shelves in the area;



"article" includes a substance or a mixture of substances;



"Australia" includes all the Territories;



"Australian expedition" means an expedition organized by one or more of any of
the following:

   (a)  an Australian organization;

   (b)  an Australian citizen;

   (c)  a person resident or domiciled in Australia;



"Australian organization" means-

   (a)  a corporation that is incorporated in Australia or whose activities
        are carried on principally in Australia; or

   (b)  an unincorporated body or association the majority of whose members
        are Australian citizens or domiciled in Australia;



"Australian property" means property that-

   (a)  in the case of an aircraft or vessel-is in Australian control or is
        registered in accordance with the Air Navigation Regulations as an
        Australian aircraft or, as the case may be, registered in Australia
        under an Act or Imperial Act relating to the registration of ships
        that is applicable throughout the whole of Australia (not being an Act
        or Imperial Act relating to the registration of ships for a particular
        purpose or purposes only); or

   (b)  in any other case-is in Australian control;



"authority of another Contracting Party" means a permit or authority issued or
given, or an arrangement made, by another Contracting Party for purposes of,
and in accordance with, the Agreed Measures;



"collect", in relation to a native plant, includes severing, or applying any
substance harmful to, the plant;



"contravention", in relation to a provision, includes a failure to comply with
that provision;



"corresponding law" means a law of another Contracting Party, as in force for
the time being, giving effect to the Treaty or the Agreed Measures;



"drive", in relation to an aircraft, means to cause the aircraft to travel on
land or water;



"foreign" means of or pertaining to a country other than Australia;



"ice" includes snow;



"in Australian control" means in the control or possession of one or more of
any of the following:

   (a)  the Commonwealth (including an arm of the Defence Force) or a State or
        Territory;

   (b)  a corporation established for a public purpose by or under a law of
        the Commonwealth or of a State or Territory;

   (c)  a company or other body corporate incorporated under a law of a State
        or Territory, being a company or other body corporate in which the
        Commonwealth has a controlling interest;

   (d)  a person who, or persons each of whom, is a person to whom this Act
        applies by virtue of paragraph 4 (1) (b);



"indigenous to the Antarctic" includes occurring in the Antarctic through
natural agencies of dispersal;



"inspector" means-

   (a)  a person appointed as an inspector under section 13; or

   (b)  a person referred to in section 14;



"land"-

   (a)  when used as a verb in relation to an aircraft, includes to cause the
        aircraft to alight on water; and

   (b)  when used as a noun, includes ice;



"native bird" means any member, at any stage of its life cycle (including
eggs), of any species of the Class Aves indigenous to the Antarctic;



"native mammal" means any member, at any stage of its life cycle, of any
species of the Class Mammalia indigenous to the Antarctic except whales;



"native plant" means any kind of vegetation, at any stage of its life cycle
(including seeds), indigenous to the Antarctic;



"permit" means a permit in force under this Act;



"plant" includes a native plant;



"property" means property of any description and, without limiting the
generality of the foregoing, includes aircraft and vessels;



"site of special scientific interest" means a site of special scientific
interest declared under sub-section 8 (2);



"specially protected area" means a specially protected area declared under
sub-section 8 (2);



"specially protected species" means a specially protected species of native
mammal or native bird declared under sub-section 8 (7);



"take", in relation to a native bird or native mammal, includes catch or
capture;



"Territory" means the Australian Antarctic Territory;



"this Act" includes the regulations;



"Treaty" means the Antarctic Treaty set out in the Schedule to the Antarctic
Treaty Act 1960, including any modification or amendment of that Treaty made
after the commencement of this section and for the time being in force as to
Australia;



"vehicle" includes a hovercraft;



"vessel" means a vessel or boat of any description and includes any floating
structure, but does not include a hovercraft.

(2) Unless the contrary intention appears, a reference in this Act to a virus
or bacterium shall be read as including a reference to an article containing,
or an article, animal or plant infected by, a virus or bacterium.

(3) A reference in this Act to an offence shall be read as including a
reference to an offence created by section 6, 7 or 7A of the Crimes Act 1914
in relation to this Act.

(4) A reference in this Act to a member of the Australian Federal Police or to
a member of a police force shall be read as including a reference to a special
member of the Australian Federal Police.

(5) Except so far as the contrary intention appears, an expression that is
used in both this Act and either the Treaty or the Agreed Measures (whether or
not a particular meaning is assigned to it by the Treaty or those Measures)
has, in this Act, the same meaning as in the Treaty or those Measures, as the
case may be.