(a)

the person's action either:

(i)

results in the death or injury of a member of a listed migratory species that is in or on a Commonwealth area; or

(ii)

consists of, or involves, trading, taking, keeping or moving a member of a listed migratory species that is in or on a Commonwealth area;

(b)

the person's action does not constitute an offence against section 211, 211A, 211B, 211C, 211D or 211E;

(c)

the person's action is not an action that the person was authorised by a permit to take.

Note 2: A person is authorised by a permit to take an action if the person is the holder of the permit or the person is given an authority under section 219 by the holder of the permit to take the action.

Note 3: The conditions of a permit may require the holder of the permit to give certain notices.

(a)

that the action was taken; and

(b)

of other particulars (if any) about the action that are prescribed by the regulations.

(a)

fails to do an act; and

(b)

the failing to do the act results in a contravention of subsection (2).