Commonwealth Consolidated Acts

ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 - SECT 21AA

  (1)   A person who, in an emergency:

  (a)   to save a person from death or serious injury; or

  (b)   to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or

  (c)   to protect the environment;

does an act mentioned in subsection   (2), and does so other than in accordance with a permit or a recognised foreign authority, must notify the Minister or an authorised officer that the person has done the act, before the end of the 30th day after the act was done.

Penalty:   60 penalty units.

  (2)   The acts that must be notified under subsection   (1) are the following:

  (a)   an act that has a result mentioned in paragraph   19(1A)(b);

  (b)   an act mentioned in subsection   19(1);

  (c)   an act mentioned in subsection   19(2).

  (3)   Subsection   (1) does not apply if:

  (a)   it is not possible for the person to notify the Minister or an authorised officer of the act before the end of the 30th day after the act was done; and

  (b)   the person notifies the Minister or an authorised officer of the act as soon as practicable after that day.

Note:   The defendant bears an evidential burden in relation to the matters in subsection   (3). See subsection   13.3(3) of the Criminal Code .

  (4)   Strict liability applies to subsection   (1).

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (5)   In this section:

"authorised officer" means a person authorised by the Minister, by notice published in the Gazette , for the purposes of this section.