Document ID: chunk:federal_register_of_legislation:C2015A00011:clause:2_53
Version: federal_register_of_legislation:C2015A00011
Segment Type: clause
Provision Reference: sch 2 cl 53
Character Range: 13178–14234

53  At the end of section 38GB
Add:
 (6) If:
 (a) an individual or a body corporate contravenes subsection 38BB(1) or (2); and
 (b) the contravention is an aggravated contravention in relation to an animal because of subparagraph (1)(c)(i) of this section; and
 (c) 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 relevant penalty for the aggravated contravention is tripled.
 (7) If the Authority, on behalf of the Commonwealth, intends to prove that the person has committed an aggravated contravention and rely on subsection (6), the Authority's application to the Federal Court under section 61AIA in relation to the contravention must also specify which subparagraph of paragraph (6)(c) applies in relation to the animal.

[Minister's second reading speech made in—
House of Representatives on 14 November 2013
Senate on 11 December 2013]
(203/13)