Section 229 — Environment Protection and Biodiversity Conservation Act 1999: 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.