Section 303EV — Environment Protection and Biodiversity Conservation Act 1999: Offences

Owner to ensure specimens marked etc. (1) If a determination under section 303EU applies to a specimen, the owner of the specimen must comply with the determination. Person not to remove or interfere with mark etc. (2) A person contravenes this subsection if: (a) a specimen is marked in accordance with a determination under section 303EU; and (b) the person engages in conduct; and (c) the conduct causes the removal of the mark or interference with the mark, or renders the mark unusable. Offence (3) A person who contravenes subsection (1) or (2) commits an offence punishable on conviction by a fine not exceeding 120 penalty units. (4) Subsection (2) does not apply if the person engages in the conduct in accordance with a determination under section 303EU. Note: The defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3) of the Criminal Code. (5) In subsections (1) and (2), strict liability applies to the circumstance that a determination was made under section 303EU. Note: For strict liability, see section 6.1 of the Criminal Code.