Commonwealth Numbered Acts

WHALE PROTECTION ACT 1980 No. 92 of 1980 - SECT 3

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



"agreement" includes a treaty or convention;



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



"Australia" includes all the Territories;



"Australian aircraft" means an aircraft that is in Australian control or is
registered in accordance with the Air Navigation Regulations as an Australian
aircraft;



"Australian fishing zone" has the same meaning as in the Fisheries Act 1952;



"Australian vessel" means a vessel that is in Australian control or-

   (a)  not being a hovercraft-is an Australian boat within the meaning of the
        Fisheries Act 1952; or

   (b)  being a hovercraft-would be an Australian boat within the meaning of
        that Act if it were a boat within the meaning of that Act;



"contravention", in relation to this Act, a provision of this Act, or a
condition of a permit, includes a failure to comply with this Act, that
provision or that condition;



"foreign aircraft" means an aircraft other than an Australian aircraft;



"foreign country" means a country other than Australia;



"foreign person" means a person other than an Australian citizen;



"foreign vessel" means a vessel other than an Australian vessel;



"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;



"inspector" means-

   (a)  a person appointed as an inspector under section 21; or

   (b)  a person referred to in section 22;



"interfere", in relation to a whale, includes harass, chase, herd, tag, mark
or brand;



"licensed commercial fishing operations" means fishing operations conducted
for profit or gain in accordance with a licence or permit in force under a law
of the Commonwealth or of a State or Territory;



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



"prescribed waters" means waters in respect of which regulations made by
virtue of section 7 are in force;



"scientific body" means a person, body or association specified in a notice in
force under section 8;



"take", in relation to a whale, means take, catch or capture;



"this Act" includes the regulations;



"treat", in relation to a whale, means any operation of dividing or cutting
up, or of extracting any product from, the whale;



"vessel" means a vessel or boat of any description, and includes-

   (a)  a hovercraft; and

   (b)  any floating structure;



"waters to which this Act applies" means-

   (a)  any waters of the sea other than the coastal waters of a State or
        internal Territory; and

   (b)  so much of the coastal waters of a State or internal Territory as are
        prescribed waters;



"whale" means any member of the sub-order Mysticeti or Odontoceti of the order
Cetacea, and, except in sub-section 9 (2), includes a part of a whale or any
product derived from a whale.

(2) A reference in this Act to the unlawful importation of a whale shall be
read as a reference to the importation of a whale in contravention of
regulations made under the Customs Act 1901.

(3) Where a provision of this Act requires a notice to be served on a person
by or on behalf of the Minister, the notice may be served on that person
personally, by post or as prescribed.

(4) A reference in this Act to an offence against this or any other Act, to an
offence against a provision of this Act or to a contravention of this Act
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 or that other Act, as the
case may be.

(5) Section 15B of the Acts Interpretation Act 1901 does not apply in relation
to this Act.

(6) For the purposes of this Act, the coastal waters of a State or internal
Territory are-

   (a)  the part or parts of the territorial sea of Australia that is or are
        adjacent to that State or Territory, other than any part referred to
        in sub-section (7); and

   (b)  any marine or tidal waters that are on the landward side of any part
        of the territorial sea of Australia and are adjacent to that State or
        Territory but are not within the limits of a State or Territory.

(7) If at any time the breadth of the territorial sea of Australia is
determined or declared to be greater than 3 nautical miles, the coastal waters
of a State or internal Territory do not include, for the purposes of this Act,
any part of the territorial sea of Australia that would not be within the
limits of that territorial sea if the breadth of that territorial sea had
continued to be 3 nautical miles.

(8) Any part of the territorial sea of Australia that is adjacent to the
Jervis Bay Territory shall, for the purposes of sub-section (6), be deemed to
be adjacent to New South Wales.

(9) 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.