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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT (PROHIBITION OF SUPPORT FOR WHALING) BILL 2010

                                2010




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                             SENATE




Environment Protection and Biodiversity Conservation Amendment
         (Prohibition of Support for Whaling) Bill 2010




               EXPLANATORY MEMORANDUM




 (Circulated by authority of Senators Rachel Siewert and Eric Abetz)




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          ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT
                   (PROHIBITION OF SUPPORT FOR WHALING) BILL 2010

Outline

The Environment Protection and Biodiversity Conservation Amendment (Prohibition of Support for
Whaling) Bill 2010 amends the Environment Protection and Biodiversity Conservation Act 1999 to
create new offences relating to support for whaling.

NOTES ON CLAUSES

Clause 1 - Short Title

1. This is a formal provision specifying the short title.

Clause 2 - Commencement

2. The Bill's provisions are to commence the day after it receives Royal Assent

Clause 3 - Schedules

3. This clause provides that an Act that is specified in a Schedule is amended or repealed as set out
   in that Schedule, and any other item in a Schedule operates according to its terms.


   Schedule 1 - Amendments of Environment Protection and Biodiversity Conservation Act 1999

Items 1 and 2 - An offence of providing support to whaling

4. Item 1 inserts a new section 229E creating new offences related to providing support to whaling.
   The new section is inserted in Division 3, Part 13 of the Environment, Protection and Biodiversity
   Conservation Act 1999 (EPBC Act) which deals with protecting whales and other cetaceans.

5. Subsection (1) of s229E creates the offence of providing any service, support or resources to an
   organisation engaged in whaling.

6. Subsection (2) provides that the offences are punishable by imprisonment for not more than 2
   years or a fine not exceeding 1,000 penalty units. This penalty is the same as the penalties for
   other offences in the Division, including the offences of killing, injuring or intentionally taking a
   cetacean.

7. Whaling is defined in subsection (3) as any activity undertaken as part of a venture, the intention
   of which is to kill, injure, take, trade or treat whales, whether for commercial or other purposes.
   The definition is intended to be read broadly. It includes actions undertaken with the intention
   to contravene sections 229, 229A, 229C, 229D or 230 which set out the offences related to
   killing, injuring, taking, treating or possessing cetaceans.

8. Item 2 is a consequential amendment providing that a reference to the new section 299E is
   included in section 231 thereby providing that the exemptions contained in section 231 apply in
   relation to section 299E.



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