Environment Protection and Biodiversity Conservation Act 1999

A person commits an offence if:

the person trades, keeps or moves a member of a migratory species; and

the member is a member of a listed migratory species; and

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

in the case of an aggravated offence—1,500 penalty units;

in any other case—500 penalty units.

For the extra element of an aggravated offence, see section 211F.

This section does not apply in the circumstances described in section 212. 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)(a), (b) and (c).

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