Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts7. Before section 25 of the Principal Act the following section is inserted in Part III:
“24. (1) A person shall not, except in accordance with a permit, interfere with a nest of an animal that is wildlife, or with anything in the immediate environment of such a nest, if the interference—
(a) places the animal or its progeny in danger of death; or
(b) places the animal in danger of not being able to breed—
(i) if the interference occurs during the animal's breeding season—during that season; or
(ii) in any other case—during the animal's next breeding season.
Penalty:
(a) if the animal has special protection status—$10,000 or imprisonment for 5 years, or both;
(b) in any other case—$5,000 or imprisonment for 2 years, or both.
“(2) A person shall not, except in accordance with a permit, interfere with a nest of an animal that is wildlife, or with anything in the immediate environment of such a nest.
Penalty:
(a) if the animal has special protection status—$2,000;
(b) in any other case—$1,000.
“(3) It is a defence to a prosecution for an offence under subsection (1) if it is established that the defendant believed on reasonable grounds that the alleged danger did not exist.
“(4) It is a defence to a prosecution for an offence under subsection (1) or (2) if it is established that the defendant believed on reasonable grounds that the place, structure or object alleged to have been interfered with—
(a) was not a nest; or
(b) was not in the immediate environment of a nest;
as the case may be.
“(5) In this section—
(a) a particular place, structure or object that is being, or has been within the previous 2 years, used as a nesting place by the animal; or
(b) a partially constructed nest that has not been used as a nesting place by the animal.”.