Document ID: chunk:federal_register_of_legislation:C2024C00598:section:197:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 197 (pt 1/2)
Character Range: 534219–536770

197  Certain actions are not offences
  Sections 196, 196A, 196B, 196C, 196D, 196E and 207B do not apply to:
 (a) an action authorised by a permit that was issued under section 201 and is in force; or
 (b) an action provided for by, and done in accordance with, a recovery plan in force under Division 5; or
 (c) an action that is covered by an approval in operation under Part 9 for the purposes of subsection 18(1), (2), (3), (4), (5) or (6) or 18A(1) or (2); or
 (d) an action that:
 (i) is one of a class of actions declared by the Minister under section 33 not to require an approval under Part 9 for the purposes of subsection 18(1), (2), (3), (4), (5), or (6) or 18A(1) or (2); and
 (ii) is taken in accordance with a management arrangement or authorisation process that is an accredited management arrangement or an accredited authorisation process for the purposes of the declaration; or
 (da) an action that:
 (i) is an action, or one of a class of actions, declared by the Minister under section 37A not to require an approval under Part 9 for the purposes of subsection 18(1), (2), (3), (4), (5), or (6) or 18A(1) or (2); and
 (ii) is taken in accordance with the bioregional plan to which the declaration relates; or
 (db) in the case of sections 196B, 196C, 196D and 196E—an action that is trading, keeping or moving a member of a listed threatened species or a listed ecological community, if:
 (i) when the member of the species or community was taken, the species or community was not a listed threatened species or a listed threatened ecological community, as the case requires; and
 (ii) the trading, keeping or moving of the member of the species or community occurs during the period of 6 months that started when the species or community became a listed threatened species or a listed threatened ecological community, as the case requires; or
 (e) an action that is taken in a humane manner and is reasonably necessary to relieve or prevent suffering by a member of a listed threatened species or listed threatened ecological community; or
 (f) an action that is reasonably necessary to prevent a risk to human health; or
 (g) an action by a Commonwealth agency, or an agency of a State or of a self‑governing Territory, that is reasonably necessary for the purposes of law enforcement; or
 (h) an action that is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or
 (i) an action that occurs as a result of an unavoidable accident, other than an accident caused by negligent or