- (1)
- A person is guilty of an offence if:
- (a)
- the person takes an action; and
- (b)
- the person knows that the action significantly damages or will
significantly damage critical habitat for a listed threatened species (except
a conservation dependent species) or of a
listed threatened ecological community; and
- (c)
- the habitat 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 paragraph (1)(c).
- Note: For strict liability , see section 6.1 of the Criminal Code .
- (3)
- The offence is punishable on conviction by imprisonment for not more than
2 years or a fine not exceeding 1,000 penalty units, or both.
- (4)
- To avoid doubt, this section does not affect the operation of Division 2,
3 or 4.
Commonwealth Numbered Acts