Document ID: chunk:federal_register_of_legislation:C2024C00598:section:15c:p3
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 15C (pt 3/4)
Character Range: 65229–67903

Heritage values of the place; and
 (d) the place is a National Heritage place.
Note 1: For indigenous heritage value, see section 528.
Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (8A) Strict liability applies to paragraphs (8)(c) and (d).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (9) A person commits an offence if:
 (a) the person takes an action; and
 (b) the action results or will result in a significant impact on the heritage values of a place; and
 (ba) the heritage values are National Heritage values of the place; and
 (bb) the place is a National Heritage place; and
 (c) the National Heritage place is in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (9A) Strict liability applies to paragraphs (9)(ba), (bb) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (10) A person commits an offence if:
 (a) the person takes an action; and
 (b) the action is likely to have a significant impact on the heritage values of a place; and
 (ba) the heritage values are National Heritage values of the place; and
 (bb) the place is a National Heritage place; and
 (c) the National Heritage place is in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (10A) Strict liability applies to paragraphs (10)(ba), (bb) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (13) An offence against any of subsections (1) to (10) (inclusive) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 penalty units, or both.
Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.
Note 2: An executive officer of a body corporate convicted of an offence against this section may also commit an offence against section 495.
Note 3: If a person takes an action on land that contravenes this section, a landholder may commit an offence against section 496C.
 (14) Subsections (9) and (10) only apply to actions whose prohibition is appropriate and adapted to give effect to Australia's obligations under Article 8 of the Biodiversity Convention. (However, those subsections may not apply to certain actions because of subsection (16).)
 (16) Subsections (1) to (10) (inclusive) do not apply to an