Section 230 — Environment Protection and Biodiversity Conservation Act 1999: Possession of cetaceans

Possession of unlawfully killed cetaceans (1) A person commits an offence if: (a) the person has in his or her possession: (i) a cetacean; or (ii) a part of a cetacean; or (iii) a product derived from 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: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (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. Possession of unlawfully imported cetaceans (3) A person commits an offence if: (a) the person has in his or her possession: (i) a cetacean; or (ii) a part of a cetacean; or (iii) a product derived from a cetacean; and (b) the cetacean, part or product, as the case may be, 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. (4) An offence against subsection (3) is punishable on conviction by imprisonment for not more than 5 years or a fine not exceeding 1,000 penalty units, or both.