Whaling Act 1948 (Cth)

WHALING.

 

No. 66 of 1948.

An Act to amend the Whaling Act 1935.

[Assented to 9th December, 1948.]

[Date of commencement, 6th. January, 1949.]

Preamble.

Whereas the Whaling Act 1935 makes provision to ensure the application of the provisions of the Convention for the Regulation of Whaling signed at Geneva on the twenty-fourth day of September, One thousand nine hundred and thirty-one, and for the punishment of infractions of the said provisions:

And Whereas an International Convention for the Regulation of Whaling was signed at Washington on the second day of December, One thousand nine hundred and forty-six:

And Whereas it is desirable and necessary to make provision enabling effect to be given to the said International Convention for the Regulation of Whaling signed at Washington:

 

BE it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Whaling Act 1948.

(2.) The Whaling Act 1935 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Whaling Act 1935-1948.

Definitions.

2. Section three of the Principal Act is amended—

(a) by inserting before the definition of “Factory” the following definitions:—

“‘Baleen whale’ means any whale other than a toothed whale;

‘Blue whale’ means any whale known by the name of blue whale, Sibbald’s rorqual or sulphur bottom;

“Dauhval’ means any unclaimed dead whale found floating;”;

(b) by inserting after the definition of “Factory” the following definitions:—

“‘Fin whale’ means any whale known by the name of common finback, common rorqual, finback, finner, fin whale, herring whale, razorback or true fin whale;

‘Gray whale’ means any whale known by the name of gray whale, California gray, devil fish, hard head, mussel digger, gray back or rip sack;

‘Humpback whale’ means any whale known by the name of bunch, humpback whale, humpbacked whale, hump whale or hunchbacked whale;”;

(c) by omitting the definition of “Bight whale” and inserting in its stead the following definitions:—

“‘Right whale’ means any whale known by the name of Atlantic right whale; arctic right whale, Biscayan right whale, bowhead, great polar whale, Greenland right whale, Greenland whale, nordkaper, North Atlantic right whale, North Cape whale, Pacific right whale, pigmy right whale, southern pigmy right whale or southern right whale;

‘Sei whale’ means any whale known by the name of Balaenoptera Borealis (sei whale), Rudolphi’s rorqual, pollack whale or coalfish whale, and includes Balaenoptera Brydei (Bryde’s whale);

‘Sperm whale’ means any whale known by the name of sperm whale, spermacet whale, cachalot or pot whale;”; and

 

(d) by omitting the definition of “Whale” and inserting in its stead the following definition:—

“‘Whale’ means baleen whale, blue whale, fin whale, gray whale, humpback whale, right whale, sei whale, sperm whale or any other prescribed species of whale.”.

Taking or killing of certain kinds of whales prohibited.

3. Section six of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (1.) the word “or” (last occurring);

(b)by inserting at the end of sub-section (1.) the following word and paragraph:—

“;or (d) any gray whale.”; and

(c) by omitting the proviso to sub-section (3.).

Conditions of licences.

4. Section eleven of the Principal Act is amended—

(a) by adding at the end of the proviso to paragraph (a) of sub-section (1.), after the word “food”, the words “or to the complete treatment of dauhval or of whales used as fenders where the meat or bone of those whales is in bad condition”;

(b) by omitting from sub-paragraph (v) of paragraph (d) of sub-section (1.) the words “estimated, if cut up in water;”;

(c) by omitting from sub-paragraph (vi) of paragraph (d) of sub-section (1.) the word “and” (last occurring);

(d) by adding at the end of paragraph (d) of sub-section (1.) the following word and sub-paragraph:—

“;and (viii) Information as to the number of whales of each species lost.”; and

(e) by omitting from paragraph (d)of sub-section (1.) the words “from the tip of the snout to” and inserting in their stead the words “at rest on deck or platform from the point of the upper jaw to”.

Owners of ships and occupiers of factories to furnish returns.

5.Section thirteen of the Principal Act is amended by inserting after the word “them” the words “and of such other matters as are prescribed.”.

Remuneration of crew not to depend on results.

6. Section fourteen of the Principal Act is amended by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) remuneration in respect of any whale—

(i) which is of less length than that prescribed for the purposes of this section;

(ii) which is milk filled or lactating; or

(iii) the taking of which is prohibited by this Act, shall be excluded.”.

Maintenance of officers on ship.

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