South Australian Current Acts

NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 60

60—Illegal possession of animals etc

        (1)         A person must not have in his or her possession or control—

            (a)         an animal; or

            (b)         the carcass of an animal; or

            (c)         an egg,

that has been illegally taken or acquired.

Maximum penalty:

In the case of a marine mammal or the carcass of a marine mammal—$100 000 or imprisonment for 2 years.

In the case of an animal, (not being a marine mammal), or the carcass or eggs of an animal, of an endangered species—$10 000 or imprisonment for 2 years.

In the case of an animal (not being a marine mammal), or the carcass or eggs of an animal, of a vulnerable species—$7 500 or imprisonment for 18 months.

In the case of an animal (not being a marine mammal), or the carcass or eggs of an animal, 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 an animal, carcass or egg 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 animal, carcass or egg was not taken or acquired illegally.