(1) Section 13(1) and (2), penalty provisions
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months.
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months or, for an aggravated offence, 50 penalty units or imprisonment for 12 months.
(2) After section 13(3)
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(4) An offence against subsection (1) or (2) is an aggravated offence if the place is a place of primary production and the defendant is reckless in relation to that circumstance.
(5) If the prosecution intends to prove an aggravated offence against subsection (1) or (2), the circumstance of aggravation must be contained in the charge.
(6) In this section:
"place of primary production "means a place that is used to carry out a business that involves any of the following:
(a) agricultural, pastoral, horticulture or apicultural activities;
(b) the cultivating of soils, the gathering of crops or the holding, rearing or processing of livestock;
(c) the propagation or harvesting of fish or other aquatic organisms for the purpose of aquaculture.