(b) does not apply to
the taking of protected animals in a protected area.
Note—
For the taking
of protected animals in protected areas, see section 62(Restriction on taking
etc. of cultural and natural resources of protected areas).
(2) A person
must not take a protected animal unless the person is an authorised person or
the taking is authorised under this Act.
Penalty—
Maximum penalty—
(a) for a class 1 offence—3,000 penalty units or 2 years imprisonment; or
(b) for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or
(3) It is a defence to a charge of
taking a protected animal in contravention of subsection (2) to prove that—
(a) the taking happened in the course of a lawful activity that was not
directed towards the taking; and
(b) the taking could not have been
reasonably avoided.
(4) Subsection (3) does not allow a person to keep or use
the animal.
(5) A person must not keep or use an animal that is either of the
following unless the person is an authorised person or the keeping or use is
authorised under this Act—
(a) a protected animal if, at any time, it has
been taken and the taking was not authorised under this Act or a law of
another State;
(b) a descendant of an animal mentioned in paragraph (a) .
Penalty—
Maximum penalty—
(a) for a class 1 offence—3,000 penalty
units or 2 years imprisonment; or
(b) for a class 2 offence—1,000 penalty
units or 1 year’s imprisonment; or