Defences to charges under s. 171, 172 and 173
174 Defences to charges under s. 171, 172 and 173
It is a defence to a charge of an offence under section 171(1) or (2), other than an offence involving specially protected flora, to prove that the taking —
occurred in the course of a lawful activity the sole or dominant purpose of which was not to take flora; and
could not reasonably have been avoided.
It is a defence to a charge of an offence under section 171(1) or (2) involving specially protected flora or an offence under section 172(1) or 173(1) or (2) to prove that —
the taking —
occurred in the course of a lawful activity the sole or dominant purpose of which was not to take flora; and
could not reasonably have been avoided;
and
the person charged did not know, and could not reasonably have known, that the specially protected flora, sandalwood or threatened flora concerned was present.
The defence in subsection (2) is not available in relation to a charge of an offence under section 173(1) or (2) if the taking has resulted in the threatened flora becoming eligible for listing as an extinct species.
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