Document ID: chunk:federal_register_of_legislation:C2015A00011:clause:2_51
Version: federal_register_of_legislation:C2015A00011
Segment Type: clause
Provision Reference: sch 2 cl 51
Character Range: 12150–13079

51  At the end of section 38GA
Add:
 (9) If:
 (a) a person commits an aggravated offence against subsection 38BA(1) in relation to an animal because of subparagraph (1)(c)(i) of this section; and
 (b) 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 penalty for the aggravated offence is tripled.
 (10) If the prosecution intends to prove an aggravated offence and rely on subsection (9), the charge must also allege which subparagraph of paragraph (9)(b) applies in relation to the animal.
 (11) Strict liability applies to the physical element of circumstance mentioned in paragraph (9)(b) that the animal is a member of a species mentioned in that paragraph.
Note: For strict liability, see section 6.1 of the Criminal Code.