Document ID: chunk:federal_register_of_legislation:C2007C00084:clause:1_15c:p3
Version: federal_register_of_legislation:C2007C00084
Segment Type: clause
Provision Reference: sch 1 cl 15C (pt 3/4)
Character Range: 13645–16307

(a) the person takes an action; and
 (b) the action is taken outside the Australian jurisdiction; and
 (c) the action results or will result in a significant impact on the National Heritage values of a National Heritage place; and
 (d) the place is outside the Australian jurisdiction.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

 (12) A person is guilty of an offence if:
 (a) the person takes an action; and
 (b) the action is taken outside the Australian jurisdiction; and
 (c) the action is likely to have a significant impact on the National Heritage values of a National Heritage place; and
 (d) the person is reckless as to the facts in paragraph (c); and
 (e) the place is outside the Australian jurisdiction.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

 (13) An offence against any of subsections (1) to (12) (inclusive) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 penalty units, or both.

Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 2: An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495.

 (14) Subsections (9) and (10) only apply to actions whose prohibition is appropriate and adapted to give effect to Australia's obligations under Article 8 of the Biodiversity Convention. (However, those subsections may not apply to certain actions because of subsection (16).)

 (15) Section 14.1 (standard geographical jurisdiction) of the Criminal Code does not apply to an offence created by this section.

Note: Section 5 affects the extra‑territorial operation of this section.

 (16) Subsections (1) to (12) (inclusive) do not apply to an action if:
 (a) an approval of the taking of the action by the constitutional corporation, Commonwealth agency or person is in operation under Part 9 for the purposes of this section; or
 (b) Part 4 lets the constitutional corporation, Commonwealth agency or person take the action without an approval under Part 9 for the purposes of this section; or
 (c) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or
 (d) the action is an action described in