Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:168
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 168
Character Range: 259793–260672

168  Certain animals not to be taken onto Commonwealth islands

Offence
 (1) A person commits an offence of strict liability if the person:
 (a) takes a living terrestrial animal onto an island, or part of an island, that is:
 (i) owned by the Commonwealth; and
 (ii) within the Marine Park; or
 (b) allows a living terrestrial animal to enter upon an island, or part of an island, that is:
 (i) owned by the Commonwealth; and
 (ii) within the Marine Park.
Penalty: 50 penalty units.

Exception
 (2) However, subsection (1) does not apply if the animal is the person's assistance animal (within the meaning of section 9 of the Disability Discrimination Act 1992).
Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).
Note 2: See also section 10.5 of the Criminal Code (lawful authority).