Weeds Management Act 2001

(a) the person intentionally moves or drives an animal or vehicle; and

(b) the conduct specified in paragraph (a) is on a public road or on land the person does not own or occupy and the person has knowledge of that circumstance; and

(c) the animal or vehicle contains or carries a declared weed and the person is reckless in relation to that circumstance.

Penalty: environmental offence level 3.

(2) It is a defence to a prosecution for an offence against subsection (1) if the person:

(a) was instructed to move the animal or drive the vehicle by an officer or authorised person; or

(b) the animal or vehicle was cleaned in accordance with a weed management plan or in compliance with an order or direction of an officer or authorised person; or

(c) the declared weed contained in or carried by an animal or vehicle was being transported, at the time of the conduct constituting the offence, to a designated weed disposal area and the person took all reasonable measures to secure and contain the declared weed during the course of transporting it.

Note for subsection (2)

The defendant has an evidential burden in relation to the matters in subsection (2) (see section 43BU of the Criminal Code).