(1) A person must not disturb a native animal in the wild if the animal is a dangerous or venomous animal, or capable of injuring a person, unless the person is an authorised person or the disturbance is authorised under the Act .Penalty—Maximum penalty—(a) if the animal is a dingo and the offence is committed on K’gari—165 penalty units; or(b) if the animal is an estuarine crocodile—165 penalty units; or(c) otherwise—40 penalty units.Notes—1 See chapter 3 , part 7 about authorities to engage in particular commercial interactions with animals.2 See chapter 4 , part 8 and chapter 5 , part 2 about interaction licences for engaging in commercial interactions with animals.
(2) However, subsection (1) does not apply if—(a) the person disturbs the animal in preparation for, or in the course of, lawfully taking the animal; or(b) the disturbance by the person—(i) is in the course of an activity that is carried out lawfully and not directed towards disturbing the animal; and(ii) could not reasonably have been avoided.