| C2004C07876 | WHALE PROTECTION ACT 1980
- Updated as at 28 November 1996 (#DATE 28:11:1996)
WHALE PROTECTION ACT 1980
- TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Repeal of Whaling Act
5. Crown to be bound
6. Application of Act
7. Prescribed waters
8. Scientific bodies
PART II-PRESERVATION, CONSERVATION AND PROTECTION OF WHALES
9. Killing, taking etc. of whales prohibited
10. Action to be taken on killing, injuring, taking or treating
whales
11. Permits
12. Conditions of permits
13. Contravening conditions of permits
14. Authorities under permits
15. Transfer of permits
16. Suspension of permits
17. Cancellation of permits
18. Public notices in relation to permits
19. Fees
PART III-ADMINISTRATION
20. Delegation
21. Appointment of inspectors
22. Inspectors ex officio
23. Identity cards
24. Powers of arrest
25. General powers of inspectors
26. Seizure and forfeiture
27. Assaulting etc. inspectors
28. Personation of inspectors
29. Officers and employees of governments and authorities
30. Programs etc. relating to whales
PART IV-MISCELLANEOUS
31. Foreign whaling vessels not to enter Australian ports
32. Liability of person in charge of vessel or aircraft
33. Prosecution of offences
34. Averments in relation to offences
35. Applications for review
36. Vesting of whales in Commonwealth
37. Regulations
WHALE PROTECTION ACT 1980
- LONG TITLE
SECT
An Act to provide for the preservation, conservation
and protection of whales and other cetacea
WHALE PROTECTION ACT 1980
- PART I
PART I-PRELIMINARY
WHALE PROTECTION ACT 1980
- SECT 1
Short title
SECT
1. This Act may be cited as the Whale Protection Act 1980.*1*
WHALE PROTECTION ACT 1980
- SECT 2
Commencement
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
WHALE PROTECTION ACT 1980
- SECT 3
Interpretation
SECT
3. (1) In this Act, unless the contrary intention appears:
"agreement" includes a treaty or convention;
"aircraft" means a machine or apparatus that can derive support in
the atmosphere from the reactions of the air or from buoyancy, but
does not include a hovercraft;
"Australia" includes all the Territories;
"Australian aircraft" means an aircraft that is in Australian
control or is registered in accordance with the Air Navigation
Regulations as an Australian aircraft;
"Australian vessel" means a vessel that is in Australian control or:
(a) not being a hovercraft-is an Australian boat within the meaning
of the Fisheries Management Act 1991; or
(b) being a hovercraft-would be an Australian boat within the
meaning of that Act if it were a boat within the meaning of that Act;
"contravention", in relation to this Act, a provision of this Act,
or a condition of a permit, includes a failure to comply with this
Act, that provision or that condition;
"exclusive economic zone" means the exclusive economic zone, within
the meaning of the Seas and Submerged Lands Act 1973, adjacent to the
coast of Australia or the coast of an external Territory;
"foreign aircraft" means an aircraft other than an Australian
aircraft;
"foreign country" means a country other than Australia;
"foreign person" means a person other than an Australian citizen;
"foreign vessel" means a vessel other than an Australian vessel;
"in Australian control" means in the control or possession of one or
more of any of the following:
(a) the Commonwealth (including an arm of the Defence Force) or a
State or Territory;
(b) a corporation established for a public purpose by or under a law
of the Commonwealth or of a State or Territory;
(c) a company or other body corporate incorporated under a law of a
State or Territory, being a company or other body corporate in which
the Commonwealth has a controlling interest;
"inspector" means:
(a) a person appointed as an inspector under section 21; or
(b) a person referred to in section 22;
"interfere", in relation to a whale, includes harass, chase, herd,
tag, mark or brand;
"licensed commercial fishing operations" means fishing operations
conducted for profit or gain in accordance with a licence or permit in
force under a law of the Commonwealth or of a State or Territory;
"permit" means a permit in force under this Act;
"prescribed waters" means waters in respect of which regulations
made by virtue of section 7 are in force;
"scientific body" means a person, body or association specified in a
notice in force under section 8;
"take", in relation to a whale, means take, catch or capture;
"this Act" includes the regulations;
"treat", in relation to a whale, means any operation of dividing or
cutting up, or of extracting any product from, the whale;
"vessel" means a vessel or boat of any description, and includes:
(a) a hovercraft; and
(b) any floating structure;
"waters to which this Act applies" means:
(a) any waters of the sea other than the coastal waters of a State
or internal Territory; and
(b) so much of the coastal waters of a State or internal Territory
as are prescribed waters;
"whale" means any member of the sub-order Mysticeti or Odontoceti of
the order Cetacea, and, except in subsection 9 (2), includes a part of
a whale or any product derived from a whale.
(2) A reference in this Act to the unlawful importation of a whale
shall be read as a reference to the importation of a whale in
contravention of regulations made under the Customs Act 1901.
(3) Where a provision of this Act requires a notice to be served on
a person by or on behalf of the Minister, the notice may be served on
that person personally, by post or as prescribed.
(4) A reference in this Act to an offence against this or any other
Act, to an offence against a provision of this Act or to a
contravention of this Act shall be read as including a reference to an
offence created by section 6, 7 or 7A of the Crimes Act 1914 in
relation to this Act or that other Act, as the case may be.
(5) Section 15B of the Acts Interpretation Act 1901 does not apply
in relation to this Act.
(6) For the purposes of this Act, the coastal waters of a State or
internal Territory are:
(a) the part or parts of the territorial sea of Australia that is or
are adjacent to that State or Territory, other than any part referred
to in subsection (7); and
(b) any marine or tidal waters that are on the landward side of any
part of the territorial sea of Australia and are adjacent to that
State or Territory but are not within the limits of a State or
Territory.
(7) If at any time the breadth of the territorial sea of Australia
is determined or declared to be greater than 3 nautical miles, the
coastal waters of a State or internal Territory do not include, for
the purposes of this Act, any part of the territorial sea of Australia
that would not be within the limits of that territorial sea if the
breadth of that territorial sea had continued to be 3 nautical miles.
(8) Any part of the territorial sea of Australia that is adjacent to
the Jervis Bay Territory shall, for the purposes of subsection (6), be
deemed to be adjacent to New South Wales.
(9) A reference in this Act to a member of the Australian Federal
Police or to a member of a police force shall be read as including a
reference to a special member of the Australian Federal Police.
WHALE PROTECTION ACT 1980
- SECT 4
Repeal of Whaling Act
SECT
4. The Whaling Act 1960 is repealed.
WHALE PROTECTION ACT 1980
- SECT 5
Crown to be bound
SECT
5. This Act binds the Crown in right of the Commonwealth, of each of
the States and of the Northern Territory, but nothing in this Act
renders the Crown liable to be prosecuted for an offence.
WHALE PROTECTION ACT 1980
- SECT 6
Application of Act
SECT
6. (1) This Act extends to every external Territory and, except so
far as the contrary intention appears, to acts, omissions, matters and
things outside Australia, whether or not in a foreign country.
(2) Subject to subsection (3):
(a) to the extent that a provision of this Act has effect in and in
relation to any waters or place beyond the outer limits of the
exclusive economic zone, that provision applies only in relation to
Australian citizens domiciled in Australia, Australian aircraft and
Australian vessels and the members of the crew (including persons in
charge) of Australian aircraft and Australian vessels; and
(b) to the extent that a provision of this Act has effect in and in
relation to Australia or any waters other than waters referred to in
paragraph (a), that provision applies in relation to all persons,
aircraft and vessels, including foreign persons, foreign aircraft and
foreign vessels.
(3) This Act has effect subject to the obligations of Australia
under international law, including obligations under any agreement
between Australia and another country or countries.
WHALE PROTECTION ACT 1980
- SECT 7
Prescribed waters
SECT
7. With the agreement of the Governor of a State or of the
Administrator of the Northern Territory, the regulations may declare
the whole or a specified part of the coastal waters of that State or
Territory, as the case may be, to be prescribed waters for the
purposes of this Act.
WHALE PROTECTION ACT 1980
- SECT 8
Scientific bodies
SECT
8. The Minister may, by notice published in the Gazette, declare
that a specified person, or a specified body or association of
persons, corporate or unincorporate, is a scientific body for the
purposes of this Act.
WHALE PROTECTION ACT 1980
- PART II
PART II-PRESERVATION, CONSERVATION AND PROTECTION
OF WHALES
WHALE PROTECTION ACT 1980
- SECT 9
Killing, taking etc. of whales prohibited
SECT
9. (1) A person shall not:
(a) in waters to which this Act applies, kill, injure, take or
interfere with any whale; or
(b) treat any whale that has been killed or taken in contravention
of this Act or has been unlawfully imported.
Penalty:
(a) on summary conviction-$5,000; or
(b) on conviction on indictment-$100,000.
(2) A person who has in his or her possession a whale or part of a
whale, or a product derived from a whale, where the whale has been
killed or taken in contravention of this Act or has been unlawfully
imported, is guilty of an offence punishable on conviction:
(a) on summary conviction-by a fine not exceeding $5,000; or
(b) on conviction on indictment-by a fine not exceeding $100,000.
(3) A person who, in waters to which this Act applies, takes a live
whale otherwise than in accordance with a permit and otherwise than in
contravention of this Act shall release the whale forthwith.
Penalty:
(a) on summary conviction-$5,000; or
(b) on conviction on indictment-$10,000.
(4) Subsection (3) does not apply where, after the whale in question
was taken, it was killed in circumstances of a kind referred to in
subsection (5).
(5) Subsections (1) and (2) do not apply in relation to any action
by a person if:
(a) the action in question was done in accordance with a permit;
(b) the action in question was reasonably necessary to avoid loss of
human life, injury to any person or damage to any vessel or aircraft
or to any structure affixed to or resting on the sea-bed;
(c) in the case of killing, injuring, taking or interfering with a
whale-the action in question was done while the person was engaged
in licensed commercial fishing operations and was:
(i) unavoidable in the course of those operations; or
(ii) reasonably necessary to avoid damage to a vessel or equipment
used in those operations;
or the action in question was done in a humane manner and was
reasonably necessary to relieve or prevent suffering by that or any
other whale; or
(d) in the case of treating a whale-the action in question was
reasonably necessary to prevent a risk to human health.
WHALE PROTECTION ACT 1980
- SECT 10
Action to be taken on killing, injuring, taking or treating whales
SECT
10. (1) Subject to this section, where a person, otherwise than in
contravention of this Act:
(a) treats a whale that has been killed or taken in contravention of
this Act;
(b) in waters to which this Act applies, kills, injures or takes a
whale; or
(c) in waters to which this Act applies, treats a whale other than a
whale that has been killed or taken in contravention of this Act;
the person shall:
(d) as soon as practicable after the killing, injuring, taking or
treatment, notify the Minister of the killing, injuring, taking or
treatment;
(e) within the time and in the manner prescribed, supply the
Minister with the prescribed particulars of the killing, injuring,
taking or treatment; and
(f) in the case of the killing or treatment of a whale otherwise
than in accordance with a permit-as soon as practicable after the
killing or treatment, notify a scientific body of the killing or
treatment and offer to enter into an arrangement with that body to
make the whale or part or parts of the whale, as required by that
body, available to that body for purposes of scientific research.
(2) Paragraph (1) (f) does not apply in relation to the killing or
treatment of a whale in accordance with a permit.
(3) Subsection (1) does not apply in relation to the treatment of a
whale if that subsection has been complied with in relation to the
killing, injuring or taking of the whale.
(4) In this section, "notify" means notify by telephone, telegraph
or radio.
Penalty: $2,000.
WHALE PROTECTION ACT 1980
- SECT 11
Permits
SECT
11. (1) Subject to section 18, upon application made to the Minister
in accordance with the appropriate form approved by the Minister, the
Minister may, in his or her discretion, grant to a person a permit in
writing authorizing the person to do any or all of the following acts
in circumstances in which, but for the permit, they would constitute
offences against this Act:
(a) take whales for live display or kill or take whales for
scientific or educational purposes;
(b) kill or take whales in the course of and incidentally to
licensed commerical fishing operations specified in the permit, being
licensed commercial operations of a kind specified by the Minister for
the purposes of this paragraph by notice published in the Gazette;
(c) do, for specified scientific purposes, a specified act or acts
constituting interference with whales;
(d) have whales in his or her possession, or treat or otherwise deal
with whales in a specified manner and for specified purposes connected
with the preservation, conservation and protection of whales.
(2) A permit shall specify the class or classes of whales, and the
number of whales, or the respective numbers of whales of each class,
in relation to which it applies.
(3) A permit comes into force on a specified day or, if no day is
specified, on the day on which it is granted, and remains in force,
subject to this Act, until:
(a) in the case of a permit to do an act or acts included in a
prescribed class of acts, the expiration of the prescribed period; or
(b) in any other case-the expiration of the day specified under
subsection (4).
(4) A permit, other than a permit to which paragraph (3) (a)
applies, shall specify as the day of the expiration of the permit a
day within the period of 12 months commencing on the day on which the
permit comes into force or, in the case of a permit that comes into
force during the month of December in any year, a day not later than
31 December in the next succeeding year.
(5) The Minister shall cause registers showing particulars of
permits in force from time to time to be kept at such places as the
Minister directs.
(6) Nothing in this Act prevents a permit and an instrument of a
like nature under a law of a State or Territory from being issued in
the one instrument.
WHALE PROTECTION ACT 1980
- SECT 12
Conditions of permits
SECT
12. (1) A permit is subject to such conditions as are specified in
the permit or as are imposed under subsection (2).
(2) Subject to section 18, the Minister, may, by notice in writing
served on the holder of a permit, vary or revoke a condition of the
permit or impose further conditions.
(3) Without limiting the generality of subsections (1) and (2),
conditions of a permit may include conditions relating to:
(a) the times between which, and the areas in which, a whale to
which the permit relates may be killed or taken or interfered or dealt
with; and
(b) the method of dealing with a whale to which the permit relates.
(4) The conditions of a permit may make different provision in
relation to different whales or classes of whales.
WHALE PROTECTION ACT 1980
- SECT 13
Contravening conditions of permits
SECT
13. Where a condition of a permit is applicable to a person and the
person contravenes that condition, he or she is guilty of an offence
punishable on conviction by a fine not exceeding $1,000.
WHALE PROTECTION ACT 1980
- SECT 14
Authorities under permits
SECT
14. (1) The holder of a permit may, either generally or as otherwise
provided by the instrument of authority, give to a person written
authority to do for him or her and on his or her behalf anything that
may lawfully be done in accordance with the permit.
(2) Where the doing of any thing by a person is authorized by an
authority given by the holder of a permit in accordance with
subsection (1), the permit shall, for the purposes of this Act, be
deemed to authorize the doing of that thing by that person.
(3) The giving of an authority under subsection (1) does not prevent
the doing of any thing by the holder of the permit.
(4) Except as provided in this section, a permit does not authorize
the doing of any thing by a person for or on behalf of the holder of
the permit.
(5) A person who gives an authority in accordance with subsection
(1) shall give to the Minister written notice of that fact within 14
days after giving the authority.
Penalty: $1,000.
WHALE PROTECTION ACT 1980
- SECT 15
Transfer of permits
SECT
15. (1) The Minister may, in his or her discretion, on the
application, in accordance with the appropriate form approved by the
Minister, of the holder of a permit and of another person as proposed
transferee, transfer the permit to that other person.
(2) Notice of the transfer of a permit under subsection (1) shall be
published in the Gazette.
WHALE PROTECTION ACT 1980
- SECT 16
Suspension of permits
SECT
16. (1) The Minister may, in his or her discretion, by notice in
writing served on the holder of a permit, suspend the permit for a
specified period if he or she has reasonable grounds to suspect that
circumstances exist by reason of which he or she would be empowered to
cancel the permit.
(2) The Minister may at any time, in his or her discretion, by
notice in writing served on the holder, revoke the suspension of a
permit.
(3) The suspension of a permit, unless it sooner expires or is
revoked, ceases:
(a) if proceedings for an offence against this Act are instituted
against the holder within 4 months after the suspension:
(i) if the holder is convicted of that offence-on the expiration
of 2 months after the date of the conviction; or
(ii) in any other case-on the completion of the proceedings; or
(b) in any other case-on the expiration of 4 months after the
suspension.
(4) In subsection (3), "proceedings" does not include proceedings by
way of appeal or review.
WHALE PROTECTION ACT 1980
- SECT 17
Cancellation of permits
SECT
17. Subject to section 18, the Minister may, in his or her
discretion, by notice in writing served on the holder of a permit,
cancel the permit if:
(a) he or she is satisfied that there has been a contravention of a
condition of the permit;
(b) he or she is satisfied that the act or acts authorized by the
permit may adversely affect a population of a particular species of
whale; or
(c) the holder of the permit, or the holder of an authority given
under section 14 by the holder of the permit, has been convicted of an
offence against:
(i) this Act, the Fisheries Act 1952, the Continental Shelf
(Living Natural Resources) Act 1968, the Fisheries Management Act 1991
or regulations made under this Act or either of those Acts; or
(ii) a law of a State or Territory relating to fisheries, to the
preservation, conservation and protection of whales or to the living
natural resources of the continental shelf of Australia.
WHALE PROTECTION ACT 1980
- SECT 18
Public notices in relation to permits
SECT
18. (1) A person making an application for the grant of a permit,
for the variation or revocation of a condition of a permit or for the
imposition of a further condition of a permit shall publish, in
accordance with subsection (7), a notice:
(a) setting out particulars of the application in accordance with
the directions of the Minister; and
(b) inviting interested persons to lodge with the Minister, not
later than a specified date (not being earlier than 30 days after the
date of publication of the notice), at a place approved by the
Minister for the purposes of this paragraph, written comments in
respect of the application.
(2) The Minister shall cause to be served on the applicant copies of
any comments received in respect of the application under subsection
(1) and afford the applicant a reasonable opportunity to submit to the
Minister a reply in writing.
(3) Before deciding whether or not to grant the application, the
Minister shall give due consideration to any comments received in
respect of the application under subsection (1) and any reply received
under subsection (2).
(4) Where the Minister proposes to cancel a permit or, otherwise
than in pursuance of an application, to vary or revoke a condition of
a permit or impose a further condition of a permit, the Minister
shall:
(a) cause the publication, in accordance with subsection (7), of a
notice:
(i) setting out particulars of the permit and the grounds for the
proposal; and
(ii) inviting interested persons to lodge with the Minister, not
later than a specified date (not being earlier than 30 days after the
date of publication of the notice), at a specified place, written
comments in respect of the proposal; and
(b) cause a copy of the notice to be served on the holder of the
permit and invite him or her to submit to the Minister his or her
comments in writing.
(5) The Minister shall cause to be served on the holder of the
permit copies of any comments received under paragraph (4) (a) and
afford him or her a reasonable opportunity to submit to the Minister a
reply in writing.
(6) Before deciding whether or not to take action with respect to
the proposal referred to in subsection (4), the Minister shall give
due consideration to any comments received under that subsection and
any reply received under subsection (5).
(7) For the purposes of this section, a notice shall be published:
(a) in each State and internal Territory in a newspaper circulating
generally in that State or Territory; and
(b) if the Minister thinks fit-in an external Territory in such
manner as the Minister determines.
WHALE PROTECTION ACT 1980
- SECT 19
Fees
SECT
19. The following fees are payable:
(a) in respect of the grant or the transfer of a permit to take a
whale for live display-$1,000 or such other amount as is prescribed;
(b) in respect of the grant or the transfer of any other permit-$25
or such other amount as is prescribed;
(c) in respect of the variation or revocation of a condition of a
permit, or the imposition of a further condition of a permit, where
the variation, revocation or imposition is as a result of an
application made by the holder of the permit-$25 or such other amount
as is prescribed.
WHALE PROTECTION ACT 1980
- PART III
PART III-ADMINISTRATION
WHALE PROTECTION ACT 1980
- SECT 20
Delegation
SECT
20. (1) The Minister may, either generally or as otherwise provided
by the instrument of delegation, by writing signed by him or her,
delegate to the Director of National Parks and Wildlife or any other
person any of his or her powers under this Act, other than this power
of delegation and the power under section 16 or 17 to suspend or
cancel a permit.
(2) A power so delegated, when exercised by the delegate, shall, for
the purposes of this Act, be deemed to have been exercised by the
Minister.
(3) A delegation under this section does not prevent the exercise of
a power by the Minister.
WHALE PROTECTION ACT 1980
- SECT 21
Appointment of inspectors
SECT
21. The Minister may, by instrument in writing, appoint a person as
an inspector.
WHALE PROTECTION ACT 1980
- SECT 22
Inspectors ex officio
SECT
22. By force of this section, any member of the Australian Federal
Police or of the police force of a Territory is an inspector.
WHALE PROTECTION ACT 1980
- SECT 23
Identity cards
SECT
23. (1) The Minister may cause to be issued to an inspector, other
than a member of a police force, an identity card in a form approved
by the Minister.
(2) A person who ceases to be an inspector shall forthwith return
his or her identity card to the Minister.
(3) A person who contravenes subsection (2) is guilty of an offence
punishable on conviction by a fine not exceeding $100.
WHALE PROTECTION ACT 1980
- SECT 24
Powers of arrest
SECT
24. (1) An inspector may, without warrant, arrest any person, if the
inspector believes on reasonable grounds:
(a) that the person is committing or has committed an offence
against this Act; and
(b) that proceedings against the person by summons would not be
effective.
(2) Where an inspector (other than a member of a police force who is
in uniform) arrests a person under subsection (1), he or she shall:
(a) in the case of a member of a police force-produce, for
inspection by that person, written evidence of the fact that he or she
is a member of a police force; or
(b) in any other case-produce his or her identity card for
inspection by that person.
(3) Where a person is arrested under subsection (1), an inspector
shall forthwith bring the person, or cause him or her to be brought,
before a Justice of the Peace or other proper authority to be dealt
with in accordance with law.
(4) Nothing in this section prevents the arrest of a person in
accordance with any other law.
WHALE PROTECTION ACT 1980
- SECT 25
General powers of inspectors
SECT
25. (1) An inspector may search any aircraft or vessel if he or she
believes on reasonable grounds that there is in or on that aircraft or
vessel:
(a) a whale in respect of which an offence against this Act has been
committed; or
(b) anything that will afford evidence as to the commission of an
offence against this Act;
and for that purpose stop or detain that aircraft or vessel.
(2) An inspector may:
(a) require any person whom he or she finds committing or whom he or
she suspects on reasonable grounds of having committed an offence
against this Act to state his or her full name and usual place of
residence; and
(b) require any person whom he or she suspects on reasonable grounds
of having done an act in respect of which the person is required to
hold a permit to produce such a permit or evidence of the existence
and contents of such a permit.
(3) Where an inspector believes on reasonable grounds that a vessel
has been used or otherwise involved in the commission of an offence
against this Act, he or she may bring, or require the person in charge
of the vessel to bring, the vessel to a place in Australia (whether or
not the vessel has previously been brought to another place or places
in Australia in accordance with this section).
(4) An inspector may, for the purposes of this Act, require the
person in charge of a vessel to give information concerning the vessel
and her crew and any person on board the vessel.
(5) Where an inspector (other than a member of a police force who is
in uniform) stops, or proposes to search or detain, an aircraft or
vessel, he or she shall:
(a) in the case of a member of a police force-produce, for
inspection by the person in charge of that aircraft or vessel, written
evidence of the fact that he or she is a member of a police force; or
(b) in any other case-produce his or her identity card for
inspection by that person;
and, if he or she fails to do so, he or she is not authorized to
search or detain that aircraft or vessel.
(6) Where an inspector (other than a member of a police force who is
in uniform) makes a requirement of a person under this section, he or
she shall:
(a) in the case of a member of a police force-produce, for
inspection by that person, written evidence of the fact that he or she
is a member of a police force; or
(b) in any other case-produce his or her identity card for
inspection by that person;
and, if he or she fails to do so, that person is not obliged to comply
with the requirement.
(7) A person who, without reasonable excuse, fails to comply with a
requirement made of him or her by an inspector under this section is
guilty of an offence punishable on conviction by a fine not exceeding
$1,000.
WHALE PROTECTION ACT 1980
- SECT 26
Seizure and forfeiture
SECT
26. (1) Where a court convicts a person of an offence against this
Act, the court may order the forfeiture to the Commonwealth of any
vehicle, aircraft, vessel or article used or otherwise involved in the
commission of the offence.
(2) An inspector may seize any vehicle, aircraft, vessel or article
that he or she believes on reasonable grounds to have been used or
otherwise involved in the commission of an offence against this Act
and may retain it until the expiration of a period of 60 days after
the seizure, or, if proceedings for an offence against this Act in the
commission of which it may have been used or otherwise involved are
instituted within that period, until the proceedings are terminated.
(3) The Minister may authorize a vehicle, aircraft, vessel or
article seized under subsection (2) or anything on, in or attached to
such a vehicle, aircraft or vessel to be released to its owner, or to
the person from whose possession it was seized, either unconditionally
or on such conditions as he or she thinks fit, including conditions as
to the giving of security for payment of its value if it is forfeited.
(4) A vehicle, aircraft, vessel or article forfeited under this
section may be sold or otherwise disposed of as the Minister thinks
fit.
(5) An inspector may seize any whale in respect of which he or she
believes on reasonable grounds that an offence against this Act has
been committed.
(6) Where a whale has been seized under subsection (5), the Minister
may cause it to be retained or disposed of.
WHALE PROTECTION ACT 1980
- SECT 27
Assaulting etc. inspectors
SECT
27. A person who assaults or threatens an inspector acting in the
performance of his or her duties under this Act is guilty of an
offence and is punishable:
(a) on summary conviction-by a fine not exceeding $1,000, or
imprisonment for a period not exceeding 6 months, or both; or
(b) on conviction on indictment-by a fine not exceeding $5,000, or
imprisonment for a period not exceeding 2 years, or both.
WHALE PROTECTION ACT 1980
- SECT 28
Personation of inspectors
SECT
28. A person who, by words or conduct, falsely represents that he or
she is an inspector is guilty of an offence and is punishable:
(a) on summary conviction-by a fine not exceeding $1,000, or
imprisonment for a period not exceeding 6 months, or both; or
(b) on conviction on indictment-by a fine not exceeding $5,000, or
imprisonment for a period not exceeding 2 years, or both.
WHALE PROTECTION ACT 1980
- SECT 29
Officers and employees of governments and authorities
SECT
29. The Governor-General may make arrangements with the Governor of
a State, the Administrator of the Northern Territory or the
Administration of an external Territory for the performance of
functions and the exercise of powers under this Act by officers or
employees of that State or Territory or of an authority of that State
or Territory, as the case may be.
WHALE PROTECTION ACT 1980
- SECT 30
Programs etc. relating to whales
SECT
30. The Minister may cause, make arrangements for, or co-operate
with any government, organization or person in:
(a) the formulation and implementation of programs;
(b) the carrying out of research; and
(c) the dissemination of information;
relating to the preservation, conservation and protection of whales,
including the disposal of, and the carrying out of research relating
to, whales that are stranded, killed accidentally or taken
incidentally to licensed commercial fishing operations.
WHALE PROTECTION ACT 1980
- PART IV
PART IV-MISCELLANEOUS
WHALE PROTECTION ACT 1980
- SECT 31
Foreign whaling vessels not to enter Australian ports
SECT
31. (1) A person in charge of a foreign whaling vessel who, without
having obtained the written permission of the Minister, brings the
vessel into a port in Australia or in an external Territory is guilty
of an offence punishable:
(a) on summary conviction-by a fine not exceeding $5,000; or
(b) on conviction on indictment-by a fine not exceeding $50,000.
(2) Subsection (1) does not apply where:
(a) the vessel was brought into the port at a time when the vessel
was engaged in operations that included the carrying of cargo, in the
ordinary course of trade, between Australia and another country,
between Australia and an external Territory, between an external
Territory and a country other than Australia, among the States,
between a State and a Territory or between two external Territories;
(b) the vessel was brought into the port in accordance with the
provisions of a prescribed agreement between Australia and another
country or countries;
(c) the vessel was brought into the port under the direction of a
person exercising powers under a law of the Commonwealth or of a State
or Territory;
(d) the vessel was being lawfully imported into Australia or an
external Territory, as the case may be, by or on behalf of a person
who was, or persons each of whom was, at the time when the vessel was
brought into the port:
(i) a resident of Australia or of an external Territory; or
(ii) a company incorporated in Australia or in an external
Territory; or
(e) an unforeseen emergency rendered it necessary to bring the
vessel into a port in Australia or in an external Territory in order
to secure the safety of the vessel or of human life.
(3) In this section:
"Australia" does not include an external Territory;
"foreign whaling vessel" means a foreign vessel designed, equipped
or used for any or all of the following:
(a) killing, taking, treating or carrying whales;
(b) supporting the operations of a vessel or vessels designed,
equipped or used for killing, taking, treating or carrying whales.
WHALE PROTECTION ACT 1980
- SECT 32
Liability of person in charge of vessel or aircraft
SECT
32. (1) The person in charge of a vessel or aircraft, or any plant
or equipment, used or otherwise involved in the commission of an
offence against this Act (in this section referred to as the "primary
offence") is guilty of an offence against this section punishable upon
conviction as if it were the primary offence.
(2) A person may be convicted of an offence against this section,
whether or not the identity of the person who committed the primary
offence appears, or has appeared, from the evidence in the proceedings
in respect of the offence against this section or in any other
proceedings, but a person shall not be convicted both of an offence
against this section and of the primary offence.
(3) The provisions of section 26 relating to forfeiture apply where
a person is convicted of an offence against this section in like
manner as they would apply if that person had been convicted of the
primary offence.
WHALE PROTECTION ACT 1980
- SECT 33
Prosecution of offences
SECT
33. (1) An offence against this Act, other than an offence referred
to in subsection (2), shall be prosecuted summarily.
(2) Where proceedings for an offence against section 9, section 27,
section 28 or subsection 31 (1), or an offence against subsection 32
(1) in relation to such an offence, are brought in a court of summary
jurisdiction, the court may commit the defendant for trial or to be
otherwise dealt with in accordance with law or, with the consent of
the defendant and of the prosecutor, may, if the court is satisfied
that it is proper to do so, determine the proceedings summarily.
WHALE PROTECTION ACT 1980
- SECT 34
Averments in relation to offences
SECT
34. In any proceedings for an offence against this Act, an averment
of the prosecutor, contained in the information or complaint, that, at
a specified time:
(a) the defendant was in waters to which this Act applies; or
(b) a whale, vessel, aircraft or article referred to in the
information or complaint was in waters to which this Act applies;
is prima facie evidence of the matter averred.
WHALE PROTECTION ACT 1980
- SECT 35
Applications for review
SECT
35. (1) Applications may be made to the Administrative Appeals
Tribunal for review of decisions by the Minister under section 11
(other than decisions to specify kinds of commercial operations under
paragraph (1) (b)) and under sections 12, 15, 16 and 17.
(2) In subsection (1), "decision" has the same meaning as in the
Administrative Appeals Tribunal Act 1975.
WHALE PROTECTION ACT 1980
- SECT 36
Vesting of whales in Commonwealth
SECT
36. A whale that is killed or taken by a person in waters to which
this Act applies, whether or not in contravention of this Act, vests,
by force of this section, in the Commonwealth, but the Commonwealth is
not liable in any action, suit or proceedings in respect of any matter
relating to a whale at any time before the taking of possession of the
whale by the Commonwealth or by an agent of the Commonwealth.
WHALE PROTECTION ACT 1980
- SECT 37
Regulations
SECT
37. (1) The Governor-General may make regulations, not inconsistent
with this Act, prescribing all matters required or permitted by this
Act to be prescribed or necessary or convenient to be prescribed for
carrying out or giving effect to this Act or an agreement between
Australia and another country or countries relating to whales.
(2) Without limiting the generality of subsection (1), regulations
may be made:
(a) providing for functions and powers to be conferred, and duties
to be imposed, upon inspectors;
(b) regulating in a Territory (other than the Northern Territory)
trade and commerce in whales;
(c) providing for the transportation, treatment and disposal of
whales taken in waters to which this Act applies or unlawfully
imported;
(d) providing for the methods or equipment by which whales may be
killed, taken or interfered with otherwise than in contravention of
this Act;
(e) providing for the gathering and dissemination of information
relating to whales; and
(f) providing for any matter incidental or connected with any of the
foregoing.
(3) The regulations may provide, in respect of an offence against
the regulations, for the imposition of:
(a) a fine not exceeding $2,000; or
(b) a fine not exceeding $200 for each day during which the offence
continues.
(4) The limitation imposed by subsection (3) on the penalties that
may be prescribed by the regulations does not prevent the regulations
from requiring a person to make a statutory declaration.
WHALE PROTECTION ACT 1980
- NOTE 1
*1* The Whale Protection Act 1980 as shown in this reprint comprises
Act No. 92, 1980 amended as indicated in the Tables below.
Table of Acts
Act Number Date of Date of Application, saving or
and year notification commencement transitional provisions
in Gazette
Whale Protection Act 1980
92, 1980 6 June 1980 1 Oct 1981 (see Gazette
1981, No. G39)
Fisheries Legislation (Consequential Provisions) Act 1991
163, 1991 10 Nov 1991 Ss. 1 and 2: Royal Assent -
Remainder: 3 Feb 1992 (see
Gazette 1992, No. GN1)
Maritime Legislation Amendment Act 1994
20, 1994 15 Feb 1994 S. 15: 1 Aug 1994 (see -
Gazette 1994, No. S289)
Statute Law Revision Act 1996
43, 1996 25 Oct 1996 Schedule 5 (items 154-156): -
(a) The Whale Protection Act 1980 was amended by Schedule 5 (items
154-156) only of the Statute Law Revision Act 1996, subsection 2 (1)
of which provides as follows:
"(1) Subject to subsections (2) and (3), this Act commences on the
day on which it receives the Royal Assent."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and
substituted
Provision affected How affected
S. 3 am. No. 163, 1991; No. 20, 1994
S. 6 am. No. 20, 1994
S. 9 am. No. 43, 1996
S. 11 am. No. 43, 1996
Ss. 13-16 am. No. 43, 1996
S. 17 am. No. 163, 1991; No. 43, 1996
S. 18 am. No. 43, 1996
S. 20 am. No. 43, 1996
Ss. 23-28 am. No. 43, 1996
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