(1) A person commits an offence if the person sets a trap.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability offence.
(3) This section does not apply to—
(a) a trapping permit-holder; or
(b) a person holding a nature conservation licence that authorises the person to set a trap.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
(4) In this section:
"trap"—
(a) means a device used or designed to catch an animal; but
(b) does not include a trap set to catch—
(i) an animal, other than a domestic animal, on premises—
(A) by the occupier of the premises; or
(B) by an employee, agent or relative of the occupier of the premises; or
(C) by another person, in accordance with the written approval of a person mentioned in sub-subparagraph (A) or (B); or
(ii) a fish or crustacean for non-commercial human consumption.