Act to cause substantial or material harm or risk
248 Act to cause substantial or material harm or risk
A person commits an offence if—
the person releases a prescribed agent; and
the person, in releasing the prescribed agent, intends—
to kill, harm, damage, infect or infest 1 or more animals or plants;
and
in so doing, to cause substantial harm, or a risk of substantial harm, to—
the community or the environment; or
an industry or part of an industry in the State; or
the economy or part of the economy of the State.
Maximum penalty: $1 000 000 or imprisonment for 10 years or both.
A person commits an offence if—
the person releases a prescribed agent; and
the person, in releasing the prescribed agent, intends—
to kill, harm, damage, infect or infest 1 or more animals or plants;
and
in so doing, to cause material harm, or a risk of material harm, to—
the community or the environment; or
an industry or part of an industry in the State; or
the economy or part of the economy of the State.
Maximum penalty: $500 000 or imprisonment for 5 years or both.
A person commits an offence against subsection (1) or (2)—
whether or not any harm is caused to—
the community or the environment; or
an industry or part of an industry in the State; or
the economy or part of the economy of the State; and
whether or not any risk actually arises or eventuates.
A person commits an offence if the person releases a prescribed agent with intent to cause harm, or a risk of harm, to an animal or plant.
Maximum penalty: $250 000.
A person commits an offence against subsection (4)—
whether or not any harm is caused to an animal or plant; and
whether or not any risk actually arises or eventuates.
It is a defence in proceedings for an offence under subsection (4) if the defendant establishes that the release of the prescribed agent:
constituted a recognised and reasonable use of the prescribed agent; or
was undertaken in good faith to protect:
the community or the environment; or
an industry or part of an industry in the State; or
the economy or part of the economy of the State; or
was authorised by the regulations.
This Act’s bill:Second reading speech
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