(b) use any animal, firearm, explosive, net, trap, hunting device or
instrument or means whatever for the purpose of harming any animal that is
within a nature reserve,
(2) A
person who commits an offence arising under subsection (1) is liable to the
penalty prescribed by section 175 for an offence against this Act or to
imprisonment for a term not exceeding 6 months or both.
(3) A person shall
not be convicted of an offence arising under subsection (1) if the person
proves that the act constituting the offence was done, or that the state of
affairs constituting the offence existed--
(a) under and in accordance with or
by virtue of the authority conferred by an authorisation under section 171, or
(b) in pursuance of a duty imposed on the person by or under any Act.
(4) A
person shall not be convicted of an offence arising under subsection (1) in
respect of the carrying or having in the person's possession of a net if the
person proves that the net was carried or in the person's possession for the
purpose only of taking, or attempting to take, fish from any waters.
(5) A
person, being a lessee or occupier of any lands within a nature reserve, or a
person authorised by such a lessee or occupier in that behalf, shall not be
convicted of an offence arising under subsection (1) in respect of the harming
of an animal that is within those lands (other than fauna or an animal of a
threatened species).
(6) The regulations may make provision for or with
respect to exempting, subject to the prescribed conditions and restrictions
(if any), any person or class or description of persons from the provisions of
subsection (1).
(7) Without limiting subsection (6), this section does not
prevent--
(a) an Aboriginal owner on whose behalf the lands of a
nature reserve are held by one or more Aboriginal LandCouncils in accordance
with Part 4A, or