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reg 24

Touching marine mammals

In force
Part 4General restrictions on activities relating to marine mammals

24 Touching marine mammals

(1)

A person must not touch a marine mammal.

Penalty: 20 penalty units.

(2)

A person must not attempt to touch a marine mammal.

Penalty: 20 penalty units.

(3)

A person does not commit an offence against subregulation (1) or (2) if—

(a)

the person is a registered veterinary practitioner within the meaning of the Veterinary Practice Act 1997 or a person acting under the direction of a registered veterinary practitioner; or

(b)

the person is acting in accordance with a permit or authorisation granted or issued under the Act; or

(c)

the person is an authorised officer acting in the course of the officer's duties or a person acting under the direction of an authorised officer; or

(d)

the person is a POCTA inspector acting in the course of the inspector's duties or a person acting under the direction of a POCTA inspector.

Reg. 24(4) inserted by S.R. No. 87/2022 reg. 4.

(4)

Subregulations (1) and (2) do not apply to a person who is a member of a traditional owner group if—

(a)

the member touches or attempts to touch a dead marine mammal in carrying out an agreed activity in accordance with a traditional owner group agreement by which that member is bound; and

(b)

the member is on land to which the agreement applies.

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