Marine Mammals Protection Act 1978

23A Penalties for offences committed for commercial gain or reward


If a person is convicted of an offence against this Act and, on sentencing for that offence, the court is satisfied beyond reasonable doubt that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable instead of any penalty otherwise prescribed to,—


in the case of an individual, imprisonment for a term not exceeding 5 years or a fine not exceeding $300,000, or both:


in the case of a body corporate, a fine not exceeding $300,000:


in any case, where the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.


Subsection (1) overrides every other provision of this Act to the contrary.

Section 23A: inserted, on 25 October 2013, by section 42 of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).