Document ID: chunk:federal_register_of_legislation:C2024C00598:section:246
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 246
Character Range: 606498–607214

246  Vesting of whales in Commonwealth
 (1) If:
 (a) a cetacean is:
 (i) in the Australian Whale Sanctuary, other than 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) in waters beyond the outer limits of the Australian Whale Sanctuary; and
 (a) a person kills, injures or takes the cetacean, whether or not in contravention of this Division;
the cetacean vests, by force of this section, in the Commonwealth.
 (2) The Commonwealth is not liable in any action, suit or proceedings in respect of any matter relating to a cetacean at any time before the taking of possession of the cetacean by the Commonwealth.