Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 254

             (1)  A person is guilty of an offence if:

                     (a)  the person takes an action; and

                     (b)  the action results in the death or injury of a member of a species; and

                     (c)  the member is a member of a listed marine species; and

                     (d)  the member is in or on a Commonwealth area.

Note 1:       Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:       This section does not apply in the circumstances described in section 255. A defendant bears an evidential burden in relation to those circumstances. See subsection 13.3(3) of the Criminal Code .

             (2)  Strict liability applies to paragraphs (1)(c) and (d).

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

             (3)  The offence is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1,000 penalty units, or both.