Australian Capital Territory Consolidated Acts

NATURE CONSERVATION ACT 1980 - SECT 81

    (1)     This section applies if, in a prosecution for a relevant offence, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an alternative offence.

    (2)     The trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to that finding of guilt.

    (3)     In this section:

"alternative offence", in relation to a relevant offence, means an offence mentioned in table 81, column 3 for the offence.

"relevant offence" means an offence mentioned in table 81, column 2.

Table 81

column 1 item	column 2 relevant offence	column 3 alternative offence
1	section 77 (1) (clearing, recklessly causing serious harm)	section 77 (2) (clearing, negligently causing serious harm)
		section 77 (3) (clearing, causing serious harm)
2	section 77 (2) (clearing, negligently causing serious harm)	section 77 (3) (clearing, causing serious harm)
3	section 78 (1) (clearing, recklessly causing material harm)	section 78 (2) (clearing, negligently causing material harm)
		section 78 (3) (clearing, causing material harm)
4	section 78 (2) (clearing, negligently causing material harm)	section 78 (3) (clearing, causing material harm)