Document ID: chunk:federal_register_of_legislation:C2025C00131:section:38ga:p2
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 38GA (pt 2/2)
Character Range: 119333–121454

defendant has committed an aggravated offence against that provision; and
 (b) is satisfied beyond reasonable doubt that the defendant has committed an offence against that provision;
the trier of fact may find the defendant not guilty of the aggravated offence but guilty of an offence against that provision.
 (6) For the purposes of paragraph (1)(b), navigate includes moor, or anchor, in the course of navigation.
 (7) In determining for the purposes of subparagraph (1)(c)(ii) whether conduct has resulted in serious harm to the environment in the Marine Park, have regard to the following:
 (a) the harm;
 (b) the size of the affected environment;
 (c) the sensitivity of the affected environment;
 (d) the significance of the affected environment;
 (e) the management objectives contained in the zoning plan for the zone in which the person engaged in the conduct;
 (f) whether the harm is irreversible;
 (g) the measures required to remedy the harm.
 (8) In determining for the purposes of paragraph (1)(d) whether conduct had the potential to result in serious harm to the environment in the Marine Park, have regard to the potential for the conduct to result in serious harm for the purposes of subparagraph (1)(c)(ii).
 (9) If:
 (a) a person commits an aggravated offence against subsection 38BA(1) in relation to an animal because of subparagraph (1)(c)(i) of this section; and
 (b) the animal is a member of:
 (i) a species in the genus Dugong (dugong); or
 (ii) a species in the family Cheloniidae (marine turtles); or
 (iii) the species Dermochelys coriacea (leatherback turtles);
then the number of penalty units set out in the penalty for the aggravated offence is tripled.
 (10) If the prosecution intends to prove an aggravated offence and rely on subsection (9), the charge must also allege which subparagraph of paragraph (9)(b) applies in relation to the animal.
 (11) Strict liability applies to the physical element of circumstance mentioned in paragraph (9)(b) that the animal is a member of a species mentioned in that paragraph.
Note: For strict liability, see section 6.1 of the Criminal Code.