Section 196A — Environment Protection and Biodiversity Conservation Act 1999: Strict liability for killing or injuring member of listed threatened species or community

(1) A person commits an offence if: (a) the person takes an action; and (b) the action results in the death or injury of a member of a native species or a member of an ecological community; and (c) the member is a member of a listed threatened species (except a conservation dependent species) or of a listed threatened ecological community; and (d) the member is in or on a Commonwealth area. Penalty: (a) in the case of an aggravated offence—1,500 penalty units; (b) in any other case—500 penalty units. Note 1: For the extra element of an aggravated offence, see section 196F. Note 2: This section does not apply in the circumstances described in section 197. A defendant bears an evidential burden in relation to those circumstances. See subsection 13.3(3) of the Criminal Code. (2) Strict liability applies to paragraphs (1)(a), (b), (c) and (d). Note: For strict liability, see section 6.1 of the Criminal Code.