Document ID: chunk:federal_register_of_legislation:C2024C00598:section:196c
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 196C
Character Range: 530185–531151

196C  Strict liability for taking etc. member of listed threatened species or community
 (1) A person commits an offence if:
 (a) the person takes, trades, keeps or moves a member of a native species or a member of an ecological community; and
 (b) the member is a member of a listed threatened species (except a conservation dependent species) or a listed threatened ecological community; and
 (c) 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) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.