Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person commits an offence if the person possesses or uses, in a reserve—
(a) a firearm; or
(b) a spear, spear gun, bow or arrow; or
(c) a trap, net, snare or other device designed, or capable of being used, to take or capture an animal; or
(d) a substance that is capable of being used to take or capture an animal.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply to a person only because—
(a) the person possesses or uses a landing net; and
(b) the possession or use is for landing a fish that is already hooked.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
(4) A person has the benefit of the chapter 9 exceptions for an offence against this section.
Note The chapter 9 exceptions are set out in s 252.
(5) In this section:
"firearm"—see the Firearms Act 1996
"landing net "means a net consisting of a hoop or ring that is attached to netting or other soft material and which is to be used for the purpose of landing a fish that is already hooked.