s 151

Defences to charges under s. 149 and 150

In force

(1)

It is a defence to a charge of an offence under section 149(1), other than an offence involving specially protected fauna, to prove that the taking —

(a)

occurred in the course of a lawful activity the sole or dominant purpose of which was not to take fauna (other than fish or pearl oyster); and

(b)

could not reasonably have been avoided.

(2)

It is a defence to a charge of an offence under section 149(1) involving specially protected fauna or an offence under section 150(1) to prove that —

(a)

the taking —

(i)

occurred in the course of a lawful activity the sole or dominant purpose of which was not to take fauna (other than fish or pearl oyster); and

(ii)

could not reasonably have been avoided;

and

(b)

the person charged did not know, and could not reasonably have known, that the specially protected fauna or threatened fauna concerned was present.

(3)

The defence in subsection (2) is not available in relation to a charge of an offence under section 150(1) if the taking has resulted in the threatened fauna becoming eligible for listing as an extinct species.

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