Whaling Act 1948

Legislation au C1948A00066 Not in force Act

Legislation content

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.

7. Section seventeen of the Principal Act is amended by omitting from sub-section (1.) the words “An officer may go” and inserting in their stead the words “At least two officers shall be maintained”.

Overview

The Whaling Act 1948, enacted in 1948, was established to amend the Whaling Act 1935 in response to the need for updated regulations to align with the International Convention for the Regulation of Whaling signed in Washington in 1946. This legislation was enacted by the Australian Parliament to ensure that Australia’s whaling practices complied with the new international standards and to address any gaps in the existing legislation. The policy objective of the Act was to effectively implement the provisions of the Washington Convention while also ensuring the sustainability and regulation of whaling activities within Australian jurisdiction. The Whaling Act 1948 introduced several amendments to the Principal Act, including the expansion of definitions to clarify the types of whales covered by the legislation, the prohibition of taking or killing certain kinds of whales, the adjustment of licensing conditions to include specific requirements for the treatment of whales and reporting of whale losses, and the alteration of remuneration conditions for crew members to exclude certain whale species. Additionally, the Act mandated the maintenance of officers on ships to enhance regulatory oversight.

Scope and Application

The Whaling Act 1948 is a piece of legislation that amends the Whaling Act 1935, aiming to incorporate the International Convention for the Regulation of Whaling signed at Washington in 1946 into Australian law. This Act applies to individuals, entities, and ships engaged in whaling activities within the territorial waters of the Commonwealth of Australia, ensuring compliance with international whaling regulations. The Act provides definitions for various types of whales and sets out specific prohibitions on the taking or killing of certain whale species, including gray whales. Licences for whaling activities are subject to certain conditions, such as the treatment of unclaimed dead whales and the provision of detailed information about whale losses. Additionally, the Act mandates that ship owners and factory occupiers furnish prescribed returns and ensures that crew remuneration does not depend on the results of whaling activities. Subordinate instruments may further extend or restrict the application of this Act.

Key Provisions

The Whaling Act 1948 primarily serves to amend the Whaling Act 1935 to align with the International Convention for the Regulation of Whaling signed at Washington in 1946. Section 1 establishes the short title and citation of the Act, referring to the amended Principal Act as the Whaling Act 1935-1948. Section 2 amends the definitions within the Principal Act, introducing new definitions for specific types of whales such as baleen whale, blue whale, fin whale, gray whale, humpback whale, right whale, sei whale, and sperm whale. It also updates the definition of "whale" to encompass these new terms and other prescribed species. Section 3 introduces prohibitions on the taking or killing of certain kinds of whales, specifically adding gray whales to the list of protected species. Section 4 modifies the conditions of licences by permitting the complete treatment of unclaimed dead whales (dauhval) or whales used as fenders if their meat or bone is in bad condition, and requires information on the number of whales of each species lost. Section 5 extends the requirement for ship owners and factory occupiers to furnish returns to include any other prescribed matters. Section 6 revises the remuneration of crew to exclude compensation for whales that are of less length than prescribed, milk-filled or lactating, or the taking of which is prohibited by the Act. Section 7 mandates that at least two officers must be maintained on each ship. The Act imposes obligations on parties and entities, including the need to comply with the amended definitions and prohibitions, maintain accurate records of whale catches and losses, and ensure that crew remuneration does not depend on the results of prohibited activities. Failure to comply with these provisions may result in legal consequences. While the Act does not explicitly detail penalties, breaches of similar provisions in the Whaling Act 1935 could result in civil or criminal penalties as prescribed under Australian law.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.