8Harvesting, and research with respect to, marine organisms prohibited

8 Harvesting, and research with respect to, marine organisms prohibited

(1A) Subject to section 7 and subsection (2) of this section, if, otherwise than in accordance with a permit: (a) a person in the Convention area engages in conduct; and (b) the conduct causes the harvesting of any marine organisms; the person commits an offence against this subsection punishable, on conviction: (c) if the offender is a natural person—by a fine not exceeding 500 penalty units; or (d) if the offender is a body corporate—by a fine not exceeding 1,000 penalty units. (1) Subject to section 7 and subsection (2) of this section, where, otherwise than in accordance with a permit, a person in the Convention area carries out research with respect to any marine organisms, the person commits an offence against this subsection punishable, upon conviction: (a) if the offender is a natural person—by a fine not exceeding 500 penalty units; or (b) if the offender is a body corporate—by a fine not exceeding 1,000 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1A) or (1) if: (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.

Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.

(3) In this section:

engage in conduct means:

(a) do an act; or
(b) omit to perform an act.