Offence to fail to comply with duty in respect of transport of declared weeds
9G Offence to fail to comply with duty in respect of transport of declared weeds
A person commits an offence if:
the person intentionally transports a plant; and
(b) the plant is a declared weed and the person has knowledge of that circumstance; and
(c) the person fails to secure and contain the declared weed during the course of transporting it.
Penalty: environmental offence level 3.
Strict liability applies to subsection (1)(c).
A person commits an offence if:
the person transports a declared weed; and
(b) the person fails to secure or contain the declared weed during the course of transporting it.
Penalty: environmental offence level 4.
(4) An offence against subsection (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against subsection (1) or (3) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.
Note for subsection (5)
The defendant has an evidential burden in relation to the matters in subsection (5) (see section 43BU of the Criminal Code).
This Act’s bill:Second reading speech
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