Commonwealth Numbered Regulations

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 2000 NO. 181 - REG 17.07

Relevant offences
(1)
For paragraphs 17.02 (2) (i) and 17.11 (3) (c) and (5) (f), the offences are offences under any of the following laws, provisions of laws or legislative instruments made under the laws or provisions:

(a)
a law of the Commonwealth or a State or Territory about the protection, conservation or management of native species or ecological communities;

(b)
for an offence under a law mentioned in paragraph (a):

(i)
section 6, 7, or 7A, or subsection 86 (1), of the Crimes Act 1914 or section 11.1, 11.4 or 11.5 of the Criminal Code ; and
(ii)
a provision of a law of the State or Territory that is equivalent to a provision mentioned in paragraph (b).
(2)
For subregulation (1), the applicant is taken to have been convicted of an offence if, within 5 years before the application is made, the applicant:

(a)
has been charged with, and found guilty of, the offence but discharged without conviction; or

(b)
has not been found guilty of the offence, but a court has taken the offence into account in passing sentence on the applicant for another offence.



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