South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
179—Offence to release animals or plants
(a1) A person must not
release an animal of a class to which this subsection applies, or cause or
permit an animal of that class to be released.
Maximum penalty: $100 000 or imprisonment for 2 years.
(1) A person must not
release an animal of a class to which this subsection applies, or cause or
permit an animal of that class to be released, in a control area for that
class of animals.
Maximum penalty: $100 000 or imprisonment for 2 years.
(2) A person must not
release a plant of a class to which this subsection applies, or cause or
permit a plant of that class to be released, in a control area for that class
of plants.
Maximum penalty: $100 000 or imprisonment for 2 years.
(3) Subject to subsection (4)
, it is a defence to a charge of an offence against subsection (a1)
, subsection (1)
or subsection (2)
if the defendant proves that the circumstances alleged to constitute the
offence were not the result of a wilful or negligent act or omission on the
defendant's part.
(4) The defence
prescribed by subsection (3)
does not apply if an authorised officer furnished to the defendant a notice in
a form approved by the Minister—
(a) in a
case relating to an animal or class of animals—
(i)
requiring the defendant to keep the particular animal, or
any animal of the relevant class, in captivity, or to take any other action
relating to securing, controlling or managing the animal, or animals of that
class; and
(ii)
warning the defendant that if the animal, or an animal of
that class (as the case may be)—
(A) in the case of an animal under subsection (a1)
—were to be released within any part of the State; and
(B) in the case of an animal under subsection (1)
—were to be released into a control area,
then the defence would not apply;
(b) in a
case relating to a plant or class of plants—
(i)
requiring the defendant to keep the plant, or any plant
of the relevant class, in a particular way, or to take any other action
relating to securing, controlling or managing the plant, or plants of that
class; and
(ii)
warning the defendant that if the plant, or a plant of
that class, (as the case may be) were to be released into a control area then
the defence would not apply.
(5) Any reasonable
costs or expenses incurred by the Minister, or an NRM authority, in the
capture or destruction, or attempted capture or destruction, of an animal
released in contravention of subsection (a1)
or subsection (1)
may be recovered as a debt from the owner of the animal or from the person who
released it or caused or permitted it to be released.
(6) Any reasonable
costs or expenses incurred by the Minister, or an NRM authority, in
collecting, dealing with or destroying a plant released in contravention of subsection (2)
may be recovered as a debt from the person who was in possession of the plant
or from the person who released it or caused or permitted it to be released.
(7) An apparently
genuine document purporting to be a certificate of the Minister or an
NRM authority (as the case may be) stating the amount of any costs or expenses
referred to in subsection (5)
or (6) will, in the absence of proof to the contrary, be accepted as proof of
the amount of those costs or expenses in any legal proceedings for their
recovery.
(8) In this
section—
"release"—
(a) in
relation to an animal, means to set the animal at liberty or to release the
animal from captivity or to allow (in any way) the animal to go at large;
(b) in
relation to a plant, means to release the plant into the open environment
(including by sowing or planting any plant or plant material or by otherwise
distributing seeds, spores, cuttings, divisions or other plant propagating
material), whether or not it is released with provision for limiting the
dissemination or persistence of the plant, or any related plant material, in
the environment.