Victorian Consolidated Legislation

Wildlife Act 1975 - SECT 76

Killing, taking whales etc. an offence

76. Killing, taking whales etc. an offence



(1) Any person who-

   (a)  in waters to which this Part applies kills, injures, takes or
        interferes with a whale; or

   (b)  treats any whale that has been killed or taken in contravention of
        this Part-

shall be guilty of an indictable offence. Penalty: 1000 penalty units.

(2) Any person who has in his possession a whale or part of a whale, or a
product derived from a whale, where the whale has been killed or taken in
contravention of this Part shall be guilty of an indictable offence.

Penalty: 1000 penalty units.

(2A) Any person who has in his possession a live whale of any origin taken in
circumstances or which came into his possession in any circumstances not
provided for in subsection (2) shall be guilty of an indictable offence.

Penalty: 1000 penalty units.

(3) Any person who, in waters to which this Part applies, takes a live whale
without a permit granted under section 78(1) and without contravening this
Part shall release the whale unless it is killed in circumstances of a kind
referred to in subsection (4).

Penalty: 100 penalty units.

(4) The provisions of subsections (1)(2) and (2A) shall not apply in relation
to any action by a person if-

   (a)  the action in question was done in accordance with a permit granted
        under section 78(1);

   (aa) the action in question was carried out under the direction of an
        authorised officer and was reasonably necessary for the welfare of the
        whale;

   (b)  the action in question was reasonably necessary to avoid loss of human
        life, injury to any person or damage to any vessel or aircraft or to
        any structure affixed to or resting on the sea-bed;

   (c)  in the case of killing, injuring, taking or interfering with a
        whale-the action in question was done while the person was engaged in
        licensed commercial fishing operations and was-

   (i)  unavoidable in the course of those operations; or

   (ii) reasonably necessary to avoid damage to a vessel or equipment used in
        those operations; or

   (iii) carried out in a humane manner and was reasonably necessary to
        relieve or prevent suffering by that or any other whale; or

   (d)  in the case of treating a whale-the action in question was reasonably
        necessary to prevent a risk to human health.

(5) Any person who displays a live whale of any origin for any purpose or
causes or permits a live whale of any origin to be displayed for any purpose
shall be guilty of an indictable offence.

Penalty: 1000 penalty units.