75Definitions

75 Definitions (1) In this Part unless inconsistent with the context or subject-matter— S. 75(1) def. of *interfere* amended by Nos 87/1997 s. 30(1), 3/2002 s. 7. ***interfere***, in relation to a whale, includes harass, chase, herd, tag, mark or brand; ***take***, in relation to a whale, means take, catch or capture; ***treat***, in relation to a whale, means any operation of dividing or cutting up or of extracting any product from, the whale; S. 75(1) def. of *whale* amended by No. 7/1988 s. 9(d). ***whale*** means any member of the sub-order Mysteceti or the sub-order Odontoceti of the order Cetacea. (2) The provisions of this Part apply to and with respect to whales— (a) in waters that are within the limits of the State of Victoria; (b) in any part or parts of the territorial sea of Australia that is or are adjacent to the State of Victoria; and (c) in any marine or tidal waters that are on the landward side of any part of the territorial sea of Australia and are adjacent to the State of Victoria but are not within the limits of that State— but if at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles the provisions of this Act shall continue to have effect as if the breadth of the territorial sea of Australia continues to be 3 nautical miles. S. 75(3) inserted by No. 87/1997 s. 30(2). (3) Any reference in this Part to a whale or whales is a reference to a whale or whales in any form whether alive or dead and whether the flesh is raw or cooked or preserved or processed in any manner whatsoever, and includes the skin, skeletal material, organs or any other part of any whale. S. 76