Environment Protection and Biodiversity Conservation Act 1999

For the purposes of this Subdivision, an offence against section 254, 254A, 254B, 254C, 254D or 254E (the underlying offence) is an aggravated offence if the member to which the underlying offence relates is a member of a listed marine species mentioned in paragraph 248(2)(f), (g) or (h).

Dugong, marine turtles and leatherback turtles are the listed marine species mentioned in paragraphs 248(2)(f), (g) and (h).

If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.

Strict liability applies to the physical element of circumstance, that the member is a listed marine species mentioned in paragraph 248(2)(f), (g) or (h).

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