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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 196D

Trading etc. member of listed threatened species or community taken in Commonwealth area

  (1)   A person commits an offence if:

  (a)   the person trades, keeps or moves a member of a 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.

Penalty:

  (a)   in the case of an aggravated offence--imprisonment for 2 years or 3,000 penalty units, or both;

  (b)   in any other case--imprisonment for 2 years or 1,000 penalty units, or both.

Note 1:   For the extra element of an aggravated offence, see section   196F.

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)(b) and (c).

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


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