Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 196E

             (1)  A person is guilty of an offence if:

                     (a)  the person trades, keeps or moves a member of a native species or a member of an ecological community; and

                     (b)  the member is a member of a listed threatened species (except a conservation dependent species) or a listed threatened ecological community; and

                     (c)  the member has been taken in or on a Commonwealth area.

Note 1:       Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:       This section does not apply in the circumstances described in section 197. A defendant bears an evidential burden in relation to those circumstances. See subsection 13.3(3) of the Criminal Code .

             (2)  Strict liability applies to paragraphs (1)(a), (b) and (c).

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (3)  The offence is punishable on conviction by a fine not exceeding 500 penalty units.