Section 229D — Environment Protection and Biodiversity Conservation Act 1999: Treating cetaceans

Treating unlawfully killed or taken cetaceans (1) A person commits an offence if: (a) the person treats 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 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. (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. Treating unlawfully imported cetaceans (2A) A person commits an offence if: (a) the person treats a cetacean; and (b) the cetacean 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. (2B) An offence against subsection (2A) is punishable on conviction by imprisonment for not more than 5 years or a fine not exceeding 1,000 penalty units, or both. (3) In this Act: treat a cetacean means divide or cut up, or extract any product from, the cetacean.