South Australian Current Acts South Australian Current Acts48A—Illegal possession of native plants
(1) A person must not
have in his or her possession or control a native plant that has been
illegally taken or acquired.
Maximum penalty:
In the case of a native plant of an endangered species, $10 000 or
imprisonment for 2 years.
In the case of a native plant of a vulnerable species, $7 500 or
imprisonment for 18 months.
In the case of a native plant of a rare species, $5 000 or imprisonment
for 12 months.
In any other case, $2 500 or imprisonment for 6 months.
(2) For the purposes
of this section, a native plant is illegally taken or acquired if taken or
acquired contrary to this Act or any other Act or law of the State, or
contrary to the law of another State or Territory of the Commonwealth.
(3) In proceedings for
an offence against this section the onus lies on the defendant to prove that
the native plant was not taken or acquired illegally.