Document ID: chunk:federal_register_of_legislation:C2024C00551:section:21a
Version: federal_register_of_legislation:C2024C00551
Segment Type: section
Provision Reference: s 21A
Character Range: 76818–78218

21A  Unauthorised activities
 (1) In this section:
activity means an activity to which Part 3 applies.
 (2) A person commits an offence if:
 (a) the person carries on an activity; and
 (b) the person does so in the Antarctic; and
 (c) the person is not authorised by the Minister under Part 3 to carry on the activity.
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
 (3) A person commits an offence if:
 (a) the Minister authorised the person under Part 3 to carry on an activity in the Antarctic subject to a condition being complied with; and
 (b) the person carries on the activity; and
 (c) the person does so without the condition being complied with.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (4) In a prosecution of a person for an offence against subsection (2) or (3), it is a defence if:
 (a) the activity was carried on in an emergency:
 (i) to save a person from death or serious injury; or
 (ii) to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or
 (iii) to protect the environment; or
 (b) the person was authorised to carry on the activity under a law of a Contracting Party.
Note: The defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3) of the Criminal Code.

Part 5A—Civil penalty provisions

Division 1—Obtaining a civil penalty order