WHALE PROTECTION ACT 1980 No. 92 of 1980 - SECT 31

WHALE PROTECTION ACT 1980 No. 92 of 1980 - SECT 31

PART IV-MISCELLANEOUS Foreign whaling vessels not to enter Australian ports
31. (1) A person in charge of a foreign whaling vessel who, without having
obtained the written permission of the Minister, brings the vessel into a port
in Australia or in an external Territory is guilty of an offence punishable-

   (a)  on summary conviction-by a fine not exceeding $5,000; or

   (b)  on conviction on indictment-by a fine not exceeding $50,000.

(2) Sub-section (1) does not apply where-

   (a)  the vessel was brought into the port at a time when the vessel was
        engaged in operations that included the carrying of cargo, in the
        ordinary course of trade, between Australia and another country,
        between Australia and an external Territory, between an external
        Territory and a country other than Australia, among the States,
        between a State and a Territory or between two external Territories;

   (b)  the vessel was brought into the port in accordance with the provisions
        of a prescribed agreement between Australia and another country or
        countries;

   (c)  the vessel was brought into the port under the direction of a person
        exercising powers under a law of the Commonwealth or of a State or
        Territory;

   (d)  the vessel was being lawfully imported into Australia or an external
        Territory, as the case may be, by or on behalf of a person who was, or
        persons each of whom was, at the time when the vessel was brought into
        the port-

   (i)  a resident of Australia or of an external Territory; or

   (ii) a company incorporated in Australia or in an external Territory; or

   (e)  an unforeseen emergency rendered it necessary to bring the vessel into
        a port in Australia or in an external Territory in order to secure the
        safety of the vessel or of human life.

(3) In this section-



"Australia" does not include an external Territory;



"foreign whaling vessel" means a foreign vessel designed, equipped or used for
any or all of the following:

   (a)  killing, taking, treating or carrying whales;

   (b)  supporting the operations of a vessel or vessels designed, equipped or
        used for killing, taking, treating or carrying whales.