Possession of cetaceans
230 Possession of cetaceans
Possession of unlawfully killed cetaceans
A person commits an offence if:
the person has in his or her possession:
a cetacean; or
a part of a cetacean; or
a product derived from a cetacean; and
the cetacean has been:
killed in contravention of section 229 or 229A; or
taken in contravention of section 229B or 229C.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
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
A person commits an offence if:
the person has in his or her possession:
a cetacean; or
a part of a cetacean; or
a product derived from a cetacean; and
the cetacean, part or product, as the case may be, has been unlawfully imported.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
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.
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.
This Act’s bill:Explanatory memorandumSecond reading speech
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