Australian Capital Territory Current Acts

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NATURE CONSERVATION ACT 2014 - SECT 260

Offence—enter closed reserve

    (1)     A person commits an offence if—

        (a)     a closed reserve declaration is in force for a reserve; and

        (b)     the person enters, or remains in, the reserve in contravention of the declaration.

Maximum penalty: 50 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant—

        (a)     took reasonable steps to ensure that the contravention did not happen; or

        (b)     had no reasonable grounds for suspecting that a closed reserve declaration was in force for the reserve.

    (4)     Subsection (1) does not apply if the person is a conservation officer exercising a function under this Act.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code

, s 58).



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