ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30, 1981
ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - TABLE OF PROVISIONS
ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 TABLE OF PROVISIONS Section 1. Short title 2. Commencement 3. Interpretation 4. Act to bind Crown 5. Application of Act 6. Application of laws of the Territory 7. Certain persons not guilty of offences against this Act 8. Harvesting, and research with respect to, marine organisms prohibited 9. Permits 10. Contravening conditions of permits 11. Suspension of permits 12. Cancellation of permits 13. Inspectors and special inspectors 14. Identity cards 15. Arrest without warrant 16. General powers of inspectors 17. Seizure and forfeiture 18. Prosecution of offences against sub-section 8 (1) 19. Evidentiary certificates 20. Officers and employees of governments and authorities 21. Programs, &c., relating to Antarctic marine living resources 22. Delegation 23. Review of decisions 24. Regulations SCHEDULE CONVENTION ON THE CONSERVATION OF ANTARCTIC MARINE LIVING RESOURCES ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - PREAMBLE
ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 An Act relating to the conservation of marine living resources of the Antarctic and its surrounding seas WHEREAS a Convention entitled "Convention on the Conservation of Antarctic Marine Living Resources" (being the Convention a copy of the English text of which is set out in the Schedule) was opened for signature at Canberra on 1 August 1980: AND WHEREAS Australia is a signatory State to, and the Depositary under, the Convention: AND WHEREAS it is desirable to make provision for giving effect to the Convention and to conservation measures by which Australia accepts in accordance with Article IX of the Convention to be bound, and to make other provision relating to the conservation of marine living resources of the Antarctic and the seas surrounding the Antarctic: BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - SECT. 1. Short title.
Conservation Act 1981.*1* ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - SECT. 2. Commencement
2. (1) Sections 1, 2 and 3 shall come into operation on the day on which this Act receives the Royal Assent*1* (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation. (3) The date fixed under sub-section (2) shall not be a date earlier than the date on which the Convention enters into force for Australia. ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - SECT. 3. Interpretation

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3. (1) In this Act, unless the contrary intention appears - "another Contracting Party" means a Contracting Party to the Convention other than Australia; "Australia", when used in a geographical sense, includes the external Territories; "Australian fishing zone" has the same meaning as in the Fisheries Act 1952; "Australian national" means - (a) an Australian citizen; or (b) a body corporate established by or under a law of the Commonwealth, of a State or of a Territory; "Australian vessel" means - (a) a vessel that is registered in Australia; (b) a vessel that is under the control or in the possession of any one or more of the following: (i) the Commonwealth (including an arm of the Defence Force) or a State or Territory; (ii) a corporation established for a public purpose by or under a law of the Commonwealth or of a State or Territory; (iii) a company or other body corporate incorporated under a law in force in a State or Territory, being a company or other body corporate in which the Commonwealth has a controlling interest; or (c) a vessel (other than a vessel referred to in paragraph (a) or (b)) that has Australian nationality; "authority of another Contracting Party" means a permit, licence or other authority issued or given by another Contracting Party under a law of that other Contracting Party or (whether under a law or otherwise) for purposes of, and in accordance with, the Convention, or an arrangement made by another Contracting Party for purposes of, and in accordance with, the Convention; "conservation measures" means measures for the conservation of Antarctic marine living resources that are adopted from time to time by the Commission for the Conservation of Antarctic Marine Living Resources under Article IX of the Convention and by which Australia accepts in accordance with that Article to be bound; "contravention", in relation to this Act, a provision of this Act, or a condition of a permit, includes a failure to comply with this Act, that provision or that condition; "Convention" means the Convention entitled "Convention on the Conservation of Antarctic Marine Living Resources" that was opened for signature at Canberra on 1 August 1980, a copy of the English text of which is set out in the Schedule; "Convention area" means the area south of the Antarctic Convergence; "foreign person" means a person other than an Australian national; "foreign vessel" means a vessel other than an Australian vessel; "harvest", in relation to marine organisms, includes - (a) take, collect, catch, capture, kill, injure, interfere with, cut up, dismember, clean, sort, coat, pack, process, preserve, store, carry or transport, for any purpose; or (b) search for with the object of finding and taking for any purpose; "inspector" means - (a) a person appointed as an inspector under paragraph 13 (1) (a); or (b) a person referred to in sub-section 13 (2); "interfere with", in relation to marine organisms, includes harass, chase,
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herd, tag, mark or brand; "law of the Territory" means a law in force in the Territory other than an Act or instrument (not being an Ordinance or an instrument made under an Ordinance) made under an Act; "marine organism" means a marine organism in the Convention area that belongs to any species of living organisms that is found in the Convention area; "master", in relation to a vessel, means the person having command or charge of the vessel; "permit" means a permit in force under this Act; "special inspector" means a person appointed as a special inspector under paragraph 13 (1) (b); "the Territory" means the Australian Antarctic Territory; "this Act" includes the regulations; "vessel" includes an air-cushion vehicle or other similar craft. (2) Where a provision of this Act requires a notice to be served on a person by the Minister, the notice may be served on that person personally, by post or in any other prescribed manner. (3) A reference in this Act to an offence against this or any other Act, to an offence against regulations made under any Act or to an offence against a provision of this Act shall be read as including a reference to an offence created by section 6, 7 or 7A of the Crimes Act 1914 in relation to this Act or that other Act or those regulations, as the case may be. (4) A reference to an inspector in a provision of this Act that confers a function or power or imposes a duty upon inspectors shall be read as including a reference to any special inspector in respect of whom that function, power or duty is specified in pursuance of sub-section 13 (4). (5) A reference in this Act to a member of the Australian Federal Police or to a member of a police force shall be read as including a reference to a special member of the Australian Federal Police. (6) Except in so far as the contrary intention appears, an expression that is used in this Act and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention. ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - SECT. 4. Act to bind Crown
4. (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island. (2) Nothing in this Act renders the Commonwealth or a State or Territory liable to be prosecuted for an offence. (3) Sub-section (2) does not affect any liability of the master of a vessel of which the Commonwealth or a State or Territory is the owner to be prosecuted for an offence. ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - SECT. 5. Application of Act
5. (1) Subject to this section, this Act applies both within and outside Australia and extends to every external Territory. (2) Subject to sub-section 4 (1) of the Antarctic Treaty Act 1960 and to sub-section (3) of this section - (a) to the extent that a provision of this Act has effect in and in relation to any waters or place beyond the outer limits of the Australian fishing zone, that provision applies only in relation to Australian nationals and Australian vessels and the members of the crew (including masters) of Australian vessels; and (b) to the extent that a provision of this Act has effect in and in relation to Australia or the Australian fishing zone, that provision applies in relation to all persons, including foreign persons, and to all vessels, including foreign vessels. (3) This Act has effect subject to - (a) the obligations of Australia under international law, including obligations under any international agreement binding on Australia; and (b) any law of the Commonwealth giving effect to such an agreement. ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - SECT. 6. Application of laws of the Territory
6. A law of the Territory does not have effect to the extent (if any) to
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which it is inconsistent with a provision of the regulations, but such a law shall not be taken for the purposes of this sub-section to be inconsistent with such a provision to the extent that it is capable of operating concurrently with that provision. ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - SECT. 7. Certain persons not guilty of offences against this Act
7. A person is not guilty of an offence against this Act by reason of any act or thing done by him to the extent that the doing of that act or thing is authorized by - (a) a permit, licence or other authority in force, at the time when that act or thing is done, under a law of the Commonwealth other than this Act; or (b) an authority of another Contracting Party in force at the time when that act or thing is done. ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - SECT. 8. Harvesting, and research with respect to, marine organisms prohibited
8. (1) Subject to section 7 and sub-section (2) of this section, where, otherwise than in accordance with a permit, a person in the Convention area harvests, or carries out research with respect to, any marine organisms, the person is guilty of an offence against this sub-section punishable, upon conviction - (a) if the offender is a natural person - by a fine not exceeding $50,000; or (b) if the offender is a body corporate - by a fine not exceeding $100,000. (2) It is a defence to a prosecution for an offence against sub-section (1) if it is proved that - (a) the act in question was reasonably necessary to avoid injury to any person or damage to any vessel; or (b) where paragraph (a) does not apply and the act in question was done by the holder of a permit - that act was unavoidable in the course of taking action in accordance with the permit or was reasonably necessary to avoid damage to equipment used in taking action in accordance with the permit. ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - SECT. 9. Permits
9. (1) Subject to this section, upon application made to the Minister in accordance with the prescribed form or, if no form is prescribed, a form approved by him, the Minister may, in his discretion, grant to a person a permit in writing authorizing the person, in, or in a specified part of, the Convention area, to do either or both of the following: (a) harvest marine organisms of a specified kind or kinds; (b) carry out research with respect to marine organisms of a specified kind or kinds. (2) A permit shall not be granted under sub-section (1) authorizing a person to do an act, or an act included in a class of acts, that is prescribed for the purposes of this sub-section. (3) The Minister shall, in and in relation to the exercise of his powers under this section, have due regard to the objective and principles of the Convention. (4) A permit granted under this section - (a) is subject to such conditions (if any) as are specified in the permit or as are imposed in pursuance of sub-section (5) in respect of the permit; (b) comes into force on a date specified in the permit or, if no date is so specified, on the date on which it is granted; and (c) remains in force for such period as is specified in the permit. (5) At any time while a permit is in force the Minister may, upon his own motion or upon application made in accordance with sub-section (6), by notice in writing served on the holder of the permit, vary or revoke a condition to which the permit is subject or impose a further condition in respect of the permit. (6) The holder of a permit may make application in writing to the Minister for the variation or revocation of a condition to which the permit is subject or for the imposition of a further condition in respect of the permit. (7) The Minister shall cause to be kept, in such manner and at such place or places as he directs, a register of permits in force from time to time, showing the purpose for which the permit was granted and the conditions (if any) to which each permit is from time to time subject and such other matters relating to each permit as the Minister thinks fit.
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(8) Such fees as are prescribed are payable in respect of grants of permits. (9) In this section, "grant" includes grant by way of renewal. ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - SECT. 10. Contravening conditions of permits
10. Where a person contravenes a condition of a permit that is applicable to him, the person is guilty of an offence punishable, upon conviction - (a) if the offender is a natural person - by a fine not exceeding $5,000; or (b) if the offender is a body corporate - by a fine not exceeding $10,000. ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - SECT. 11. Suspension of permits
11. (1) The Minister may, in his discretion, by notice given by any means the Minister thinks appropriate to the holder of a permit - (a) subject to sub-section (2), suspend the permit for a period not exceeding 90 days if he suspects on reasonable grounds that circumstances exist by reason of which he would be empowered to cancel the permit; or (b) revoke the suspension of the permit at any time. (2) Where proceedings for an offence in relation to a permit are commenced during the period of suspension of the permit, the suspension may be continued until the proceedings (including any appeal) are completed. (3) During the period of suspension of a permit, the permit has no force or effect, but the period of currency of the permit continues to run. ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - SECT. 12. Cancellation of permits
12. The Minister may, in his discretion, by notice in writing served on the holder of a permit, cancel the permit if - (a) he is satisfied that there has been a contravention of a condition to which the permit is subject; (b) he is satisfied that the holder of the permit has contravened a provision of this Act; (c) he is satisfied that the act or acts authorized by the permit may adversely affect a population of any species of marine organisms; or (d) the holder of the permit has been convicted of an offence against the Fisheries Act 1952, the Continental Shelf (Living Natural Resources) Act 1968, the Antarctic Treaty (Environment Protection) Act 1980, the Whale Protection Act 1980 or regulations made under any of those Acts. ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - SECT. 13. Inspectors and special inspectors
13. (1) The Minister may, by instrument signed by him - (a) appoint a person as an inspector; or (b) appoint a person, upon the nomination of the Commission for the Conservation of Antarctic Marine Living Resources, as a special inspector. for the purposes of this Act. (2) By force of this sub-section, every member of the Australian Federal Police or of the police force of a Territory is an inspector. (3) The Minister may, in his discretion - (a) determine terms and conditions of appointment, including remuneration and allowances, of a person appointed under sub-section (1); and