Section 303GF — Environment Protection and Biodiversity Conservation Act 1999: Contravening conditions of a permit

(1) This section applies to a permit issued under this Part. (2) A person commits an offence if: (a) the person is: (i) the holder of a permit; or (ii) a person to whom an authority under section 303GG has been given by the holder of a permit; and (b) the person engages in conduct; and (c) the conduct results in a contravention of a condition of the permit. Penalty: 300 penalty units. (3) The holder of a permit commits an offence if: (a) the person is: (i) the holder of a permit; or (ii) a person to whom an authority under section 303GG has been given by the holder of a permit; and (b) the person engages in conduct; and (c) the conduct results in a contravention of a condition of the permit; and (d) the condition relates to: (i) the sale or other disposal of a live animal or a live plant; or (ii) the sale or other disposal of the progeny of a live animal or a live plant; or (iii) the release from captivity of a live animal; or (iv) the release from captivity of the progeny of a live animal; or (v) the escape of a live plant. Penalty: 600 penalty units. (4) For the purposes of subsection (3), a person is taken to have released an animal from captivity if: (a) that animal has escaped from captivity; and (b) either: (i) the person allowed the animal to escape; or (ii) the person failed to take all reasonable measures to prevent the animal from escaping. (4A) For the purposes of subsection (3), a person is taken to have allowed a plant to escape if: (a) the plant has grown or propagated in the wild; and (b) either: (i) the person allowed the plant to escape; or (ii) the person failed to take all reasonable measures to prevent the plant from growing or propagating in the wild. (5) In subsections (2) and (3), strict liability applies to the circumstance that the person was given an authority under section 303GG. Note: For strict liability, see section 6.1 of the Criminal Code.