South Australian Repealed Acts

This legislation has been repealed.

FISHERIES ACT 1982 - SECT 41A

41A—Offence of killing, injuring etc a marine mammal

        (1)         A person must not—

            (a)         kill, injure or molest, or cause or permit the killing, injuring or molestation of, a marine mammal; or

            (b)         take, sell or purchase or have in his or her possession or control a marine mammal or the body or part of the body of a marine mammal.

Penalty: $100 000 or imprisonment for 2 years.

        (2)         In proceedings for an offence against subsection (1), it is a defence if the defendant proves—

            (a)         that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence; or

            (b)         that the act alleged to constitute the offence was authorised by or under some other Act or law.