species or community - (1)
- A person is guilty of an offence if:
- (a)
- the person takes, trades, keeps or moves a member of a native species or a
member of an ecological community; and
- (b)
- the member is a member of a listed threatened species (except a
conservation dependent species) or a listed threatened ecological community;
and
- (c)
- the member is in or on a Commonwealth area.
- Note 1: Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility.
Note 2: This section does not apply in the circumstances described in section
197. A defendant bears an evidential burden in relation to those
circumstances. See subsection 13.3(3) of the Criminal Code .
- (2)
- Strict liability applies to paragraphs (1)(a), (b) and (c).
- Note: For strict liability , see section 6.1 of the Criminal Code .
- (3)
- The offence is punishable on conviction by a fine not exceeding 500
penalty units.
Commonwealth Numbered Acts