(1) A person commits an offence if—
(a) the person sells a plant; and
(b) the plant is—
(i) a native plant; and
(ii) a protected native species; and
(c) the plant is not a seed or a dead plant; and
(d) a plant tag is not visibly attached to the plant at the time of sale.
Maximum penalty: 25 penalty units.
Note Protected native
species —see s
110.
"Sell" includes offer for sale (see s 126).
(2) A person commits an offence if—
(a) the person sells a plant; and
(b) the plant—
(i) is a native plant; and
(ii) has special protection status; and
(c) the plant is not a seed or a dead plant; and
(d) a plant tag is not visibly attached to the plant at the time of sale.
Maximum penalty: 50 penalty units.
Note Special protection status —see s 109.
(3) An offence against this section is a strict liability offence.