Document ID: chunk:federal_register_of_legislation:C2024C00598:section:196a
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 196A
Character Range: 528153–529176

196A  Strict liability for killing or injuring member of listed threatened species or community
 (1) A person commits an offence if:
 (a) the person takes an action; and
 (b) the action results in the death or injury of a member of a native species or a member of an ecological community; and
 (c) the member is a member of a listed threatened species (except a conservation dependent species) or of a listed threatened ecological community; and
 (d) the member is in or on a Commonwealth area.
Penalty:
 (a) in the case of an aggravated offence—1,500 penalty units;
 (b) in any other case—500 penalty units.
Note 1: For the extra element of an aggravated offence, see section 196F.
Note 2: This section does not apply in the circumstances described in section 197. 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)(a), (b), (c) and (d).
Note: For strict liability, see section 6.1 of the Criminal Code.