Section 211 — Environment Protection and Biodiversity Conservation Act 1999: Killing or injuring member of listed migratory species

(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 species; and (c) the member is a member of a listed migratory species; and (d) the member is in or on a Commonwealth area. Penalty: (a) in the case of an aggravated offence—imprisonment for 2 years or 3,000 penalty units, or both; (b) in any other case—imprisonment for 2 years or 1,000 penalty units, or both. Note 1: For the extra element of an aggravated offence, see section 211F. Note 2: This section does not apply in the circumstances described in section 212. 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)(c) and (d). Note: For strict liability, see section 6.1 of the Criminal Code.