• Specific Year
    Any

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 230 Possession of cetaceans

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 230

Possession of cetaceans

Possession of unlawfully killed cetaceans

  (1)   A person commits an offence if:

  (a)   the person has in his or her possession:

  (i)   a cetacean; or

  (ii)   a part of a cetacean; or

  (iii)   a product derived from 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:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

  (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.

Possession of unlawfully imported cetaceans

  (3)   A person commits an offence if:

  (a)   the person has in his or her possession:

  (i)   a cetacean; or

  (ii)   a part of a cetacean; or

  (iii)   a product derived from a cetacean; and

  (b)   the cetacean, part or product, as the case may be, 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.

  (4)   An offence against subsection   (3) is punishable on conviction by imprisonment for not more than 5 years or a fine not exceeding 1,000 penalty units, or both.

Download

No downloadable files available