19AEOffence relating to destruction of organisms brought into Antarctic without a permit

#### 19AE Offence relating to destruction of organisms brought into Antarctic without a permit (1) This section applies if: (a) a person brings into, or keeps in, the Antarctic an organism that is not indigenous to the Antarctic; and (b) that conduct is not in accordance with a permit or recognised foreign authority (either because the person does not have one to do so or because the conduct cannot be authorised by a permit or recognised foreign authority); and (c) the organism poses a risk to native fauna and flora. (2) The person must, as soon as is reasonably practicable after bringing the organism into the Antarctic or beginning to keep it, remove or destroy the organism and any progeny of the organism. Penalty: Imprisonment for 2 years or 120 penalty units, or both. (3) Subsection (2) does not apply if: (a) it is not feasible to remove or destroy the organism or its progeny; or (b) the removal or destruction of the organism or its progeny would result in a greater adverse environmental impact than not doing so; or (c) the organism is brought into or kept in the Antarctic to be used as food. (4) The person must, as soon as is reasonably practicable after bringing the organism into the Antarctic or beginning to keep it, take all reasonable steps to avoid or, if already occurring, control the consequences of the conduct mentioned in paragraph (1)(a). Penalty: Imprisonment for 2 years or 120 penalty units, or both. (5) Subsection (4) does not apply if the organism is brought into or kept in the Antarctic to be used as food.