Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person shall not
on Crown land wilfully take any protected flora unless the taking of the
protected flora is authorised by, and carried out in accordance with the terms
and conditions of, a licence issued to him under section 23C.
(2) In any proceedings
for an offence against subsection (1) it is a defence for the person
charged to prove that the taking occurred as an unavoidable incident or
consequence in the performance of any right, power or authority conferred
upon, or in the discharge of any duty or obligation imposed upon, the person
by or under any Act or agreement to which the State is a party and which is
ratified or approved by an Act or notwithstanding the fact that the
performance of that right, power or authority, or the discharge of the duty or
obligation, was exercised in a reasonable manner.
[Section 23B inserted by No. 86 of 1976
s. 13 (as amended by No. 28 of 1979 s. 5); amended by
No. 57 of 1997 s. 132(23).]