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Whales Protection Act 1988
This Act may be cited as the Whales Protection Act 1988.
This section and section 1 shall commence on the day on which this Act receives the Royal Assent.
Except as provided in subsection (1), this Act shall commence on such day as may be fixed by proclamation.
In this Act, unless the contrary intention appears –
authorized officer means a police officer or ranger;
authorized person means – an authorized officer; a person authorized by the Secretary for the purposes of this Act; and a person who is a registered veterinary surgeon within the meaning of the Veterinary Surgeons Act 1987;
container includes any wrapper;
conveyance means any vehicle, vessel, or aircraft, or other contrivance intended for the carriage of persons or goods over land or water or in the air;
hunting equipment means any weapon, implement, apparatus, or material capable of being used for the taking of a whale or any product of a whale;
interfere, in relation to a whale, includes – chase, disturb, harass, or herd; and brand, tag, or mark; and such other conduct as is prescribed by the regulations made under this Act;
land includes land covered by the sea or other waters, and the part of the sea or those waters covering that land;
obtain in relation to a product of a whale, includes obtain by dividing, separating, cutting up, flensing, rendering down, or disposing of, a product of a whale;
permit means a permit granted under section 9;
product of a whale includes the dead body of a whale or any part of the dead body of a whale, and any material or matter obtained from the body of a whale;
ranger means a person appointed as a ranger under the Nature Conservation Act 2002 or the National Parks and Reserves Management Act 2002;
Secretary means the Secretary of the Department;
sell includes – offer or expose for sale; keep or have in possession for sale; barter or exchange; agree to sell; send, forward, or deliver for sale; and authorize, direct, cause, attempt, or permit any act referred to in paragraphs (a), (b), (c), (d), or (e);
take, in relation to a whale, includes catch, attract, tranquillize, injure, poison, or kill;
volunteer is a person who agrees to assist an authorized person pursuant to a request made under section 12(2)(a);
whale means any member of the order Cetacea.
The Secretary shall do all such things as are necessary for the administration of this Act.
The Secretary may direct such authorized persons as he deems appropriate to undertake such duties as are necessary for the purposes of the administration of this Act.
The Secretary shall establish in the Public Account an account in respect of any money received in accordance with this section.
Any money received from any source by, or on behalf of, the Minister or the Secretary for the purposes of this Act, shall be paid into the account established under subsection (1).
Subject to section 7, a person shall not, without a permit – take a whale; obtain a product of a whale that has been taken in contravention of this Act; buy or sell a product of a whale; or remove or cause or allow to be removed from the State a whale or a product of a whale. Fine not exceeding 1 000 penalty units.
Subject to section 7, a person shall not, without a permit, interfere with a whale. Fine not exceeding 200 penalty units.
Subject to section 7, a person shall not have in his possession a whale or a product of a whale where the whale has been taken in contravention of this Act. Fine not exceeding 1 000 penalty units.
A person shall not buy or sell a whale. Fine not exceeding 1 000 penalty units.
A person who takes a live whale without a permit and without contravening this Act shall release the whale immediately unless it is killed in circumstances of a kind referred to in section 7.
A person who fails to comply with subsection (5) is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units.
The provisions of section 6 do not apply in relation to any action by a person if – that action was reasonably necessary to avoid loss of human life, injury to any person, or damage to a conveyance or any structure affixed to or resting on the sea bed; in the case of taking a whale, that action was done while the person was engaged in fishing operations and was – unavoidable in the course of those operations; or reasonably necessary to avoid damage to a vessel or equipment used in those operations; in the case of taking a whale, that action was done in a humane manner and was reasonably necessary to relieve or prevent suffering by that or any other whale; or in the case of obtaining a product of a whale, that action was – reasonably necessary to prevent a risk to human health; or done for the purposes of carrying out scientific research.
The provisions of section 9 apply to a case where a product of a whale is obtained for the purposes referred to in subsection (1)(d)(ii).
Where a person, without contravening the provisions of this Act – takes or interferes with a whale; or obtains a product of a whale – that person shall, as soon as practicable – notify the Secretary accordingly and supply the Secretary with such particulars as the Secretary may require; and offer to make available to the Secretary any product of a whale the Secretary may require for the purposes of scientific research or education.
A person who fails to comply with subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.
A person may apply to the Secretary for a permit under this section.
An application for a permit – may be made in writing in a form approved by the Secretary or in such other manner as the Secretary may approve; and shall, where required by the Secretary, be accompanied by the prescribed fee.
On receipt of an application for a permit made by a person pursuant to subsection (2), the Secretary may– grant the permit subject to such conditions as are specified in the permit; or refuse to grant the permit.
A permit granted to a person pursuant to subsection (3)(a) authorizes that person to do any or all of the following:to take or interfere with a whale or product of a whale for scientific or educational purposes; take or interfere with a whale in the course of and incidental to licensed commercial fishing or marine farming operations specified in the permit; to do, for specified scientific purposes, any specified act constituting interference with whales; to have a whale or product of a whale in his possession or obtain a product of a whale in a specified manner and for specified purposes connected with the preservation, conservation, and protection of whales; to buy or sell a product of a whale; to remove or cause or allow to be removed from the State a product of a whale.
A permit shall specify the species and number of whales, or the respective number of whales of each species, in relation to which it applies.
A permit shall remain in force until the day specified in the permit for its expiry or, if no such day is specified, for a period of 12 months.
The Secretary may, by notice in writing served on the holder of a permit, or on application by the holder of a permit, vary or revoke a condition of a permit or impose further conditions.
An application referred to in subsection (1) – may be made in writing in a form approved by the Secretary or in such other manner as the Secretary may approve; and shall, where required by the Secretary, be accompanied by the prescribed fee.
Without limiting subsection (1), the conditions of a permit may include conditions relating to – the times between which, and the areas in which, a whale to which the permit relates may be killed or taken or interfered with or dealt with; and the method of dealing with a whale to which the permit relates.
The conditions of a permit may make different provision in relation to different whales or classes of whales.
A person who contravenes or fails to comply with any condition of a permit that is applicable to him is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.
The Secretary may, by notice in writing served on the holder of a permit, cancel the permit if–
he is satisfied that there has been a contravention of a condition of the permit;
he is satisfied that the act or acts authorized by the permit may adversely affect a population of a particular species of whale; or the holder of the permit has been convicted of an offence against a law of the Commonwealth or of a State or Territory of the Commonwealth relating to fisheries, fauna, or to the preservation, conservation, and protection of whales.