This legislation has been repealed.
176—Possession of animals or plants
(1) Subject to this
Act, a person must not keep, or have in his or her possession or control, an
animal of a class to which this subsection applies.
Maximum penalty:
(a) if
the offence relates to a Category 1 animal—$50 000 or
imprisonment for 1 year;
(b) if
the offence relates to a Category 2 animal—$20 000 or
imprisonment for 6 months;
(c) if
the offence relates to a Category 3 animal—$10 000.
Expiation fee: If the offence relates to a Category 3 animal—$500.
(1a) Subject to this
Act, a person must not keep, or have in his or her possession or control, an
animal of a class to which this subsection applies within a control area for
that class of animals.
Maximum penalty:
(a) if
the offence relates to a Category 1 animal—$50 000 or
imprisonment for 1 year;
(b) if
the offence relates to a Category 2 animal—$20 000 or
imprisonment for 6 months;
(c) if
the offence relates to a Category 3 animal—$10 000.
Expiation fee: If the offence relates to a Category 3 animal—$500.
(2) Subject to this
Act, a person must not have a plant of a class to which this subsection
applies in the person's possession within a control area for that class of
plants.
Maximum penalty:
(a) if
the offence relates to a Category 1 plant—$50 000 or imprisonment
for 1 year;
(b) if
the offence relates to a Category 2 plant—$20 000 or imprisonment
for 6 months;
(c) if
the offence relates to a Category 3 plant—$10 000.
Expiation fee: If the offence relates to a Category 3 plant—$500.
(3) For the purposes
of subsection (2)
, a person who cultivates a plant, or allows a plant to grow on land that the
person occupies, will be taken to be in possession of the plant (but this
subsection does not in any way limit the operation of that subsection).