Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.