Commonwealth Numbered Acts

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 211C

Strict liability for taking etc. member of listed migratory species
(1)
A person is guilty of an offence if:

(a)
the person takes, trades, keeps or moves a member of a migratory species; and

(b)
the member is a member of a listed migratory species; 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 212. 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.



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