Section 196E — Environment Protection and Biodiversity Conservation Act 1999: Strict liability for trading etc. member of listed threatened species or community taken in Commonwealth area

(1) A person commits an offence if: (a) the person trades, keeps or moves a member of a native species or a member of an ecological community; and (b) the member is a member of a listed threatened species (except a conservation dependent species) or a listed threatened ecological community; and (c) the member has been taken 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) and (c). Note: For strict liability, see section 6.1 of the Criminal Code.