Document ID: chunk:federal_register_of_legislation:C2015A00011:clause:2_45
Version: federal_register_of_legislation:C2015A00011
Segment Type: clause
Provision Reference: sch 2 cl 45
Character Range: 10804–11648

45  After subsection 38BA(3)
Insert:

Increased penalty for conduct involving a turtle or dugong
 (3A) If:
 (a) a person commits an offence against subsection (3); and
 (b) the conduct the person engaged in that constituted the offence resulted in the taking of or injury to an animal; and
 (c) the animal is a member of a protected species; and
 (d) the protected species is:
 (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 offence is tripled.
 (3B) If the prosecution intends to prove an offence against subsection (3) and rely on subsection (3A), the charge must also allege which subparagraph of paragraph (3A)(d) applies in relation to the animal.