Commonwealth Numbered Regulations

ENVIRONMENT AND HERITAGE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 8 - SCHEDULE 2

(regulation 4)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Antarctic Seals Conservation Regulations 1986 .

[2] Subregulations 11 (1) to (5)

substitute

(1) A person who:

(a)

is an Australian citizen; or

(b)

is the master, a member of the crew, or a passenger, on a vessel that is Australian property;

must not take, or engage in conduct that results in the death of, a seal of a prescribed species in the Convention area.

Penalty:
20 penalty units or imprisonment for 12 months, or both.

(2) A person must not take, or engage in conduct that results in the death of, a seal that is:

(a)

in the Convention area; and

(b)

not a seal of a prescribed species.

Penalty:
20 penalty units.

(3)

A person must not take, or engage in conduct that results in the death of, a seal that is in a part of the Antarctic that is not in the Convention area.

Penalty:
20 penalty units.

(4) A person must not, in the Antarctic:

(a)

engage in conduct that results in injury to a seal; or

(b)

use an aircraft, vehicle or vessel in a manner that causes disturbance to a concentration of seals; or

(c)

use an explosive in a manner that causes disturbance to a concentration of seals; or

(d)

use a firearm in a manner that causes disturbance to a concentration of seals; or

(e)

while on foot, engage in conduct that causes disturbance to a concentration of seals; or

(f)

engage in conduct that results in a significant adverse modification of the habitat of a species, or population, of seals.

Penalty:
10 penalty units.

(5) However:

(a)

it is a defence to a prosecution under subregulation (1) if the person is acting in accordance with a permit; and

(b)

it is a defence to a prosecution under subregulation (2), (3) or (4) if the person is acting in accordance with:

(i)

a permit; or

(ii)

a recognised foreign authority; and

(c)

it is a defence to a prosecution under subregulation (1), (2), (3) or (4) if the action is taken in an emergency with the intention of:

(i)

saving a person from death or serious injury; or

(ii)

securing the safety of a vessel or aircraft or the safety of equipment or facilities of high value; or

(iii)

protecting the environment; and

(d)

it is a defence to a prosecution under subregulation (4), in relation to action of a kind mentioned in paragraph (4) (b), (c) or (e), if the action is reasonably necessary to establish, supply or maintain a station.

Note
A defendant bears an evidential burden in relation to the matters mentioned in subregulation (5) (see section 13.3 of the Criminal Code ).

[3] Paragraph 11 (5A) (a)

omit

for the purpose

insert

with the intention

[4] After subregulation 11 (5B), including the penalty

insert

(5C)

An offence under subregulation (5A) or (5B) is an offence of strict liability.

Note 1
For strict liability , see section 6.1 of the Criminal Code .
Note 2
A defendant bears an evidential burden in relation to whether or not he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).