302B
CurrentEffect of Part 13 exemption
Volume 2Chapter 5, Part 13, Division 5 to Chapter 5B, Part 15B (sections 266B to 390SM)
Chapter 5Conservation of biodiversity and heritage
Part 13Species and communities
Division 7AExemptions from provisions of this Part
302B Effect of Part 13 exemption
While a Part 13 exemption from a provision is in force for an action, the provision does not apply in relation to the taking of the action if:
(a)
the action is taken by the person to whom the exemption applies; and
(b)
the person takes the action in accordance with the conditions (if any) of the exemption.
Note 1:
For conditions of an exemption, see section 302E.
Note 2:
To the extent a defendant seeks to rely on this section as a defence to an offence, the defendant bears an evidential burden in relation to the matter in this section: see subsection 13.3(3) of the Criminal Code.
This Act’s bill:Explanatory memorandumSecond reading speech
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