ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 196F Aggravated offence--member of listed threatened species that is a dugong or turtle

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 196F

  (1)   For the purposes of this Subdivision, an offence against section   196, 196A, 196B, 196C, 196D or 196E (the underlying offence ) is an aggravated offence if the member to which the underlying offence relates is:

  (a)   a member of a listed threatened species; and

  (b)   a member of a species mentioned in paragraph   248(2)(f), (g) or (h).

Note:   Marine turtles and leatherback turtles are members of the species mentioned in paragraphs 248(2)(g) and (h), and on the day this section commenced, these species were listed threatened species.

  (2)   If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.

  (3)   Strict liability applies to the physical elements of circumstance, that the member is:

  (a)   a member of a listed threatened species; and

  (b)   a member of a species mentioned in paragraph   248(2)(f), (g) or (h).

Note:   For strict liability, see section   6.1 of the Criminal Code .