Document ID: chunk:federal_register_of_legislation:C2004A00882:clause:1_269
Version: federal_register_of_legislation:C2004A00882
Segment Type: clause
Provision Reference: sch 1 cl 269
Character Range: 64311–64851

269  At the end of section 47
Add:

 (2) Subsection (1) does not apply if the person is the owner of the net, trap or other equipment or is acting with the authority of the owner.

Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.

 (3) In subsection (1), strict liability applies to the physical element of circumstance, that the removal occurs in an area of Australian jurisdiction.

Note: For strict liability, see section 6.1 of the Criminal Code.