Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:7:p13
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 7 (pt 13/46)
Character Range: 261143–263727

in, a Commonwealth reserve must not:
 (a) allow the animal to be at large; or
 (b) fail to remove the animal from the reserve:
 (i) if the person lives in the reserve—when the person ceases to live there; or
 (ii) in any other case—when the person leaves the reserve.
Penalty: 20 penalty units.
 (5) A person commits an offence if the person:
 (a) takes the carcass of an animal into a Commonwealth reserve as food; and
 (b) dismembers, disembowels or skins the carcass within 50 metres of an area of water in the reserve.
Penalty: 20 penalty units.
 (6) It is a defence to a prosecution for an offence under paragraph (4)(b) that the person has transferred the ownership of the animal to another person in the reserve in accordance with the permit or authority.
 (7) An offence against subregulation (1), (4) or (5) is an offence of strict liability.

12.19A  Offences in relation to non‑native species
 (1) A person commits an offence if:
 (a) the person takes an action; and
 (b) the action is taken in a Commonwealth reserve; and
 (c) the action:
 (i) results in the death or injury of a member of a non‑native species in the reserve; or
 (ii) involves taking, trading, keeping or moving a member of a non‑native species in the reserve.
Penalty: 50 penalty units.
 (2) However, subregulation (1) does not apply to a person who is permitted by these Regulations to take the action that:
 (a) may result in the death or injury of a member of a non‑native species in the reserve; or
 (b) involves taking, trading, keeping or moving a member of a non‑native species in the reserve.
 (3) An offence against subregulation (1) is an offence of strict liability.

12.19B  Offences in relation to native species
 (1) A person commits an offence if:
 (a) the person takes an action; and
 (b) the action is taken in a Commonwealth reserve; and
 (c) the action:
 (i) results in the death or injury of a member of a native species in the reserve; or
 (ii) involves taking, trading, keeping or moving a member of a native species in the reserve.
Penalty: 50 penalty units.
Note: Subsection 354(1) of the Act provides that a person must not do particular acts in a Commonwealth reserve except in accordance with a management plan in operation for the reserve. Section 354A of the Act sets out offences in relation to those particular acts.
 (2) Without limiting subregulation (1), a person commits an offence under that subregulation if the person takes an action that:
 (a) causes disturbance or harm to the member of the native species; or
 (b) causes disturbance or harm to the habitat of the