South Australian Current Acts South Australian Current Acts68—Molestation etc of protected animals
(a)
interfere with, harass or molest, or cause or permit the interference with,
harassment or molestation of, a protected animal; or
(b)
undertake or continue an act or activity that is, or is likely to be,
detrimental to the welfare of a protected animal after being directed by a
warden not to undertake, or to stop, that act or activity; or
(c)
undertake or continue an act or activity in relation to a protected animal
that is contrary to regulations promulgated under this section,
unless he or she acts in pursuance of this Act or a permit granted by the
Minister under this section or another provision of this Act or in pursuance
of some other Act or statutory instrument.
Maximum penalty:
In the case of a marine mammal—$100 000 or imprisonment for 2
years.
In the case of an animal (not being a marine mammal) of an endangered
species—$10 000 or imprisonment for 2 years.
In the case of an animal (not being a marine mammal) of a vulnerable
species—$7 500 or imprisonment for 18 months.
In the case of an animal (not being a marine mammal) of a rare
species—$5 000 or imprisonment for 12 months.
In any other case—$2 500 or imprisonment for 6 months.
(2) The Minister may
grant a permit to a person to undertake an act or activity that would
otherwise contravene paragraph (a), (b) or (c) of subsection (1).
(3) It is a defence to
a charge of an offence against subsection (1)(a) to prove—
(a) that
the defendant acted in the best interests of the animal concerned; or
(b) that
the defendant acted reasonably to frighten the animal in order to protect
himself or herself or another person or to protect—
(i)
property comprising plants cultivated for commercial or
other purposes or animals; or
(ii)
property of any other kind.