Australian Capital Territory Current Acts

NATURE CONSERVATION ACT 2014 - SECT 141

    (1)     A person commits an offence if—

        (a)     the person takes a plant; and

        (b)     the plant is—

              (i)     a native plant; and

              (ii)     on unleased land; and

        (c)     the person sells the plant.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Note     Sell includes offer for sale (see s 126).
"Take"—see s 126.

    (2)     This section does not apply to a person if the plant is native timber.

Note 1     Native timber —see s 139.

Note 2     It is an offence to damage a native tree on unleased land (see s 144). It is also an offence to take fallen native timber from unleased land (see s 146).

Note 3     The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code

, s 58).

    (3)     A person also has the benefit of the chapter 6 exceptions for an offence against this section.

Note     The chapter 6 exceptions are set out in s 153.