Australian Capital Territory Consolidated Acts

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NATURE CONSERVATION ACT 1980 - SECT 49

Release of animals from captivity

    (1)     A person shall not, except in accordance with a licence, release a native animal from captivity if the release—

        (a)     places the animal in greater danger of injury or death than if it had been kept in captivity; or

        (b)     threatens the survival, abundance or evolution of any species of native animals.

Maximum penalty:

        (a)     if the animal has special protection status—100 penalty units, imprisonment for 1 year or both; or

        (b)     in any other case—50 penalty units, imprisonment for 6 months or both.

    (2)     A person shall not, except in accordance with a licence, release an animal that is not a native animal from captivity if the release—

        (a)     places any native animal in danger of injury or death; or

        (b)     threatens the survival, abundance or evolution of any species of native animals.

Maximum penalty: 50 penalty units.

    (3)     A person shall not, except in accordance with a licence, release an animal from captivity.

Maximum penalty: 50 penalty units.

    (4)     It is a defence to a prosecution for an offence against subsection (1) if it is established that the defendant believed on reasonable grounds that the release of the animal—

        (a)     did not place the animal in greater danger of injury or death than if it had been kept in captivity; and

        (b)     did not threaten the survival, abundance or evolution of any species of native animals.

    (5)     It is a defence to a prosecution for an offence against subsection (2) if it is established that the defendant believed on reasonable grounds that the release of the animal—

        (a)     did not place any native animal in danger of injury or death; and

        (b)     did not threaten the survival, abundance or evolution of any species of native animals.

    (6)     This section does not apply to a person who—

        (a)     finds and takes a native animal that is suffering from a disease, illness or injury; and

        (b)     within 48 hours of having taken the animal—

              (i)     treats the animal; and

              (ii)     releases it within 500m of the place where it was taken.



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