21AUnauthorised activities

21A Unauthorised activities

(1) In this section:

activity means an activity to which Part 3 applies.

(2) A person commits an offence if: (a) the person carries on an activity; and (b) the person does so in the Antarctic; and (c) the person is not authorised by the Minister under Part 3 to carry on the activity.

Penalty: Imprisonment for 7 years or 420 penalty units, or both.

(3) A person commits an offence if: (a) the Minister authorised the person under Part 3 to carry on an activity in the Antarctic subject to a condition being complied with; and (b) the person carries on the activity; and (c) the person does so without the condition being complied with.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(4) In a prosecution of a person for an offence against subsection (2) or (3), it is a defence if: (a) the activity was carried on in an emergency: (i) to save a person from death or serious injury; or (ii) to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or (iii) to protect the environment; or (b) the person was authorised to carry on the activity under a law of a Contracting Party.

Note: The defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3) of the Criminal Code.