Northern Territory Numbered Acts Northern Territory Numbered Acts(1) Section 74(1)
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notice in the Gazette
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Gazette notice
(2) Section 74(2) and (3)(a)
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shall
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must
(3) Section 74(5) and (6)
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(5) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in stock entering or remaining in an area and the person is reckless as to that result; and
(c) the area is a fenced reference area.
Maximum penalty: 440 penalty units.
(5A) Strict liability applies to subsection (5)(c).
(5B) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct occurs on or near a fenced reference area; and
(c) the conduct results in, damage to the fences and the person is reckless in relation to that result.
Maximum penalty: 440 penalty units.
(5C) Strict liability applies to subsection (5B)(b).
(5D) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct occurs on or near a reference area (whether fenced or not); and
(c) the conduct results in degradation of the reference area and the person is reckless in relation to that result.
Maximum penalty: 440 penalty units.
(5E) Strict liability applies to subsection 5D(b).
(6) A pastoral lessee commits an offence if the lessee:
(a) has knowledge of damage to a fence around a reference area; and
(b) does not advise the Board of the damage as soon as possible after becoming aware of it.
Maximum penalty: 8 penalty units.
(7) Strict liability applies to subsection (6)(b).
(8) It is a defence to a prosecution for an offence against subsection (6) if the defendant has a reasonable excuse.