Offence to fail to comply with duty in respect of use of declared weeds
9F Offence to fail to comply with duty in respect of use of declared weeds
A person commits an offence if:
the person intentionally does any of the following:
brings a plant into the Territory;
propagates or scatters a plant;
(iii) sells, offers to sell or provides a plant or any thing that contains or carries a plant;
(iv) purchases or offers to purchase a plant or any thing that contains or carries a plant;
(v) hires or offers to hire to another person any equipment, device or any other thing that contains or carries a plant;
(vi) hires or requests to hire from another person any equipment, device or any other thing that contains or carries a plant;
(vii) stores, grows or uses a plant or thing that contains or carries a plant;
(viii) transports or carries on their person a plant or any thing that contains or carries a plant; and
(b) the plant specified in paragraph (a) is a declared weed and the person has knowledge of that circumstance; and
(c) the person does not have a permit to use the declared weed for the conduct specified in paragraph (a).
Penalty: environmental offence level 3.
Strict liability applies to subsection (1)(c).
(3) It is a defence to a prosecution for an offence against subsection (1) constituted by transporting or carrying a declared weed or any thing that contains or carries a declared weed if the person was instructed to transport or carry the thing that contained or carried the declared weed by an officer.
Note for subsection (3)
The defendant has an evidential burden in relation to the matters in subsection (3) (see section 43BU of the Criminal Code).
This Act’s bill:Second reading speech
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