Document ID: chunk:federal_register_of_legislation:C2024C00598:section:229
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 229
Character Range: 582619–583648

229  Killing or injuring a cetacean
 (1) A person commits an offence if:
 (a) the person takes an action; and
 (b) the action results in the death or injury of a cetacean; and
 (c) the cetacean is in:
 (i) the Australian Whale Sanctuary (but not the coastal waters, or a part of the coastal waters, of a State or the Northern Territory for which a declaration under section 228 is in force); or
 (ii) waters beyond the outer limits of the Australian Whale Sanctuary.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: This section does not apply in the circumstances described in section 231. A defendant bears an evidential burden in relation to those circumstances. See subsection 13.3(3) of the Criminal Code.
 (1A) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (2) The offence is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1,000 penalty units, or both.