Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303EV

Owner to ensure specimens marked etc.

  (1)   If a determination under section   303EU applies to a specimen, the owner of the specimen must comply with the determination.

Person not to remove or interfere with mark etc.

  (2)   A person contravenes this subsection if:

  (a)   a specimen is marked in accordance with a determination under section   303EU; and

  (b)   the person engages in conduct; and

  (c)   the conduct causes the removal of the mark or interference with the mark, or renders the mark unusable.

Offence

  (3)   A person who contravenes subsection   (1) or (2) commits an offence punishable on conviction by a fine not exceeding 120 penalty units.

  (4)   Subsection   (2) does not apply if the person engages in the conduct in accordance with a determination under section   303EU.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (4). See subsection   13.3(3) of the Criminal Code .

  (5)   In subsections   (1) and (2), strict liability applies to the circumstance that a determination was made under section   303EU.

Note:   For strict liability , see section   6.1 of the Criminal Code .