Document ID: chunk:federal_register_of_legislation:C2024C00598:section:230
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 230
Character Range: 588922–590315

230  Possession of cetaceans

Possession of unlawfully killed cetaceans
 (1) A person commits an offence if:
 (a) the person has in his or her possession:
 (i) a cetacean; or
 (ii) a part of a cetacean; or
 (iii) a product derived from a cetacean; and
 (b) the cetacean has been:
 (i) killed in contravention of section 229 or 229A; or
 (ii) taken in contravention of section 229B or 229C.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (2) An offence against subsection (1) is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1,000 penalty units, or both.

Possession of unlawfully imported cetaceans
 (3) A person commits an offence if:
 (a) the person has in his or her possession:
 (i) a cetacean; or
 (ii) a part of a cetacean; or
 (iii) a product derived from a cetacean; and
 (b) the cetacean, part or product, as the case may be, has been unlawfully imported.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.
 (4) An offence against subsection (3) is punishable on conviction by imprisonment for not more than 5 years or a fine not exceeding 1,000 penalty units, or both.