Section 28AB — Environment Protection and Biodiversity Conservation Act 1999: Limitation on liability for actions of third parties

(1) A provision mentioned in subsection (2) or (3) does not apply to an action (the primary action) if: (a) a person (the primary person) takes the action; and (b) as a consequence of the primary action, another person (the secondary person) takes another action (the secondary action); and (c) the secondary action is not taken at the direction or request of the primary person; and (d) the significant impact referred to in the provision is a consequence of the secondary action. Defence to offences (2) For the purposes of subsection (1), the following provisions do not apply to the primary action: (a) subsections 27A(1) to (4); (b) subsections 27C(1) and (2). Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code. Exception to civil penalties (3) For the purposes of subsection (1), the following provisions do not apply to the primary action: (a) subsections 26(1) and (2); (b) subsection 27B(1); (c) subsection 28(1).