Environment Protection and Biodiversity Conservation Act 1999

A person commits an offence if:

the person trades, keeps or moves a member of a species or a member of an ecological community; and

the member is a member of a listed threatened species (except a conservation dependent species) or a listed threatened ecological community; and

the member has been taken in or on a Commonwealth area.

in the case of an aggravated offence—imprisonment for 2 years or 3,000 penalty units, or both;

in any other case—imprisonment for 2 years or 1,000 penalty units, or both.

For the extra element of an aggravated offence, see section 196F.

This section does not apply in the circumstances described in section 197. A defendant bears an evidential burden in relation to those circumstances. See subsection 13.3(3) of the Criminal Code.

Strict liability applies to paragraphs (1)(b) and (c).

For strict liability, see section 6.1 of the Criminal Code.