Trapping—general

In force

(1)

A person commits an offence if the person sets a trap.

Maximum penalty: 50 penalty units.

(2)

An offence against this section is a strict liability offence.

(3)

This section does not apply to—

(a)

a trapping permit-holder; or

(b)

a person holding a nature conservation licence that authorises the person to set a trap.

Note

The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

(4)

In this section:

trap—

(a)

means a device used or designed to catch an animal; but

(b)

does not include a trap set to catch—

(i)

an animal, other than a domestic animal, on premises—

(A)

by the occupier of the premises; or

(B)

by an employee, agent or relative of the occupier of the premises; or

(C)

by another person, in accordance with the written approval of a person mentioned in sub‑subparagraph (A) or (B); or

(ii)

a fish or crustacean for non-commercial human consumption.

Division 6.2 Trapping permits

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