Section 236 — Environment Protection and Biodiversity Conservation Act 1999: Offences relating to foreign whaling vessels

(1) The master of a foreign whaling vessel commits an offence if the vessel is brought into a port in Australia or an external Territory and the master has not obtained the written permission of the Minister for the vessel to be brought into the port. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) Subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) An offence against subsection (1) is punishable on conviction by a fine not exceeding 500 penalty units. (4) Subsection (1) does not apply if: (a) the vessel is brought into the port in accordance with a prescribed agreement between Australia and any other country or countries; or (b) the vessel is brought into the port under the direction of a person exercising powers under a law of the Commonwealth or of a State; or (c) an unforeseen emergency renders it necessary to bring the vessel into the port in order to secure the safety of the vessel or human life. Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3) of the Criminal Code. (5) In this Act: foreign whaling vessel means a vessel, other than an Australian vessel, designed, equipped or used for: (a) killing, taking, treating or carrying cetaceans; or (b) supporting the operations of a vessel or vessels designed, equipped or used for killing, taking, treating or carrying cetaceans. master, in relation to a foreign whaling vessel, means the person (other than a ship’s pilot) in charge or command of the vessel.