232Action to be taken on killing etc. cetaceans

232  Action to be taken on killing etc. cetaceans  (a) the person’s action:  (i) results in the injury or death of a cetacean, or consists of taking a cetacean, in the Australian Whale Sanctuary (but not the coastal waters, or a part of the coastal waters of a State or the Northern Territory for which a declaration under section 228 is in force) or in waters beyond the outer limits of the Australian Whale Sanctuary; or  (ii) consists of treating a cetacean killed, injured or taken in contravention of section 229, 229A, 229B or 229C;  (b) the person’s action does not constitute an offence against section 229, 229A, 229B, 229C or 229D; Note 1: Section 231 sets out most of the circumstances in which an action described in paragraph (1)(a) will not be an offence against section 229, 229A, 229B, 229C or 229D. Note 2: A person is authorised by a permit to take an action if the person is the holder of the permit or the person is given an authority under section 241 by the holder of the permit to take the action.  (2) Within 7 days of becoming aware of the action, the person must notify the Secretary in writing, by telephone or by use of any other electronic equipment:  (3) An example of the particulars about the action that the regulations may prescribe is the time and place of taking the action. This does not limit the particulars the regulations may prescribe.  (a) the person, or any other person or body, is required by or under a law of the Commonwealth to notify the Secretary of the action; or  (i) that are specified in an agreement or arrangement between the Secretary and a Commonwealth agency, or an agency of a State or self‑governing Territory; and  (ii) that the agreement or arrangement provides are to be notified to the Secretary by the agency. Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code. Subdivision E—Miscellaneous offences 236  Offences relating to foreign whaling vessels  (1) The master of a foreign whaling vessel commits an offence if the vessel is brought into a port in Australia or an external Territory and the master has not obtained the written permission of the Minister for the vessel to be brought into the port.  (2) Subsection (1) is an offence of strict liability.  (3) An offence against subsection (1) is punishable on conviction by a fine not exceeding 500 penalty units.  (4) Subsection (1) does not apply if:  (a) the vessel is brought into the port in accordance with a prescribed agreement between Australia and any other country or countries; or  (b) the vessel is brought into the port under the direction of a person exercising powers under a law of the Commonwealth or of a State; or  (c) an unforeseen emergency renders it necessary to bring the vessel into the port in order to secure the safety of the vessel or human life. Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3) of the Criminal Code. foreign whaling vessel means a vessel, other than an Australian vessel, designed, equipped or used for:  (a) killing, taking, treating or carrying cetaceans; or  (b) supporting the operations of a vessel or vessels designed, equipped or used for killing, taking, treating or carrying cetaceans. master, in relation to a foreign whaling vessel, means the person (other than a ship’s pilot) in charge or command of the vessel. Subdivision F—Permit system