Environment Protection and Biodiversity Conservation Act 1999

If:

a cetacean is:

in the Australian Whale Sanctuary, other than the coastal waters, or a part of the coastal waters, of a State or the Northern Territory for which a declaration under section 228 is in force; or

in waters beyond the outer limits of the Australian Whale Sanctuary; and

a person kills, injures or takes the cetacean, whether or not in contravention of this Division;

The Commonwealth is not liable in any action, suit or proceedings in respect of any matter relating to a cetacean at any time before the taking of possession of the cetacean by the Commonwealth.