(1) A person commits an offence if the person sets or uses a metal jawed trap or prohibited trap.
Maximum penalty: 100 penalty units.
(2) A person commits an offence if the person sells a metal jawed trap or prohibited trap.
Maximum penalty: 50 penalty units.
(3) A person commits an offence if the person possesses a metal jawed trap or prohibited trap.
Maximum penalty: 10 penalty units.
(4) An offence against subsection (1), (2) or (3) is an offence of strict liability.
(5) Subsections (1), (2) and (3) do not apply if:
(a) the trap is a bow trap or soft-jawed trap; or
(b) in relation to an offence against subsection (3), the trap is possessed solely for display, as a curio or as part of a collection.
Note for subsection (5)
The defendant has an evidential burden in relation to the matters mentioned (see section 43BU of the Criminal Code).
(6) In this section:
"metal jawed trap "means a trap that is:
(a) made, adapted or used for trapping an animal; and
(b) designed so that the metal jaws close against each other when the trap is activated.
"prohibited trap "means a trap:
(a) made, adapted or used for trapping an animal; and
(b) prescribed by regulation to be a prohibited trap.