Commonwealth Consolidated Acts Commonwealth Consolidated ActsSections 196, 196A, 196B, 196C, 196D, 196E and 207B do not apply to:
(a) an action authorised by a permit that was issued under section 201 and is in force; or
(b) an action provided for by, and done in accordance with, a recovery plan in force under Division 5; or
(c) an action that is covered by an approval in operation under Part 9 for the purposes of subsection 18(1), (2), (3), (4), (5) or (6) or 18A(1) or (2); or
(d) an action that:
(i) is one of a class of actions declared by the Minister under section 33 not to require an approval under Part 9 for the purposes of subsection 18(1), (2), (3), (4), (5), or (6) or 18A(1) or (2); and
(ii) is taken in accordance with a management arrangement or authorisation process that is an accredited management arrangement or an accredited authorisation process for the purposes of the declaration; or
(da) an action that:
(i) is an action, or one of a class of actions, declared by the Minister under section 37A not to require an approval under Part 9 for the purposes of subsection 18(1), (2), (3), (4), (5), or (6) or 18A(1) or (2); and
(ii) is taken in accordance with the bioregional plan to which the declaration relates; or
(db) in the case of sections 196B, 196C, 196D and 196E--an action that is trading, keeping or moving a member of a listed threatened species or a listed ecological community, if:
(i) when the member of the species or community was taken, the species or community was not a listed threatened species or a listed threatened ecological community, as the case requires; and
(ii) the trading, keeping or moving of the member of the species or community occurs during the period of 6 months that started when the species or community became a listed threatened species or a listed threatened ecological community, as the case requires; or
(e) an action that is taken in a humane manner and is reasonably necessary to relieve or prevent suffering by a member of a listed threatened species or listed threatened ecological community; or
(f) an action that is reasonably necessary to prevent a risk to human health; or
(g) an action by a Commonwealth agency, or an agency of a State or of a self - governing Territory, that is reasonably necessary for the purposes of law enforcement; or
(h) an action that is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or
(i) an action that occurs as a result of an unavoidable accident, other than an accident caused by negligent or reckless behaviour; or
(j) an action that is taken in accordance with a permit issued under regulations made under the Great Barrier Reef Marine Park Act 1975 and in force; or
(k) an action provided for by, and taken in accordance with, a plan or regime that is accredited under section 208A; or
(l) an action, to the extent that it is covered by subsection 517A(7); or
(m) an action provided for by, and done in accordance with, a conservation agreement in force under Part 14; or
(n) an action taken in a Commonwealth reserve in accordance with a management plan made under Part 15 and in operation for the reserve; or
(o) an action provided for by, and taken in accordance with, a traditional use of marine resources agreement that:
(i) was made and accredited in accordance with regulations made under the Great Barrier Reef Marine Park Act 1975 ; and
(ii) is in force; or
(p) an action that is taken in accordance with a permit that:
(i) was issued under the Antarctic Treaty (Environment Protection) Act 1980 or under regulations made under that Act; and
(ii) is in force; or
(q) an action that consists of the transit of a member through a Commonwealth area in circumstances where the member was:
(i) obtained from an area that is not a Commonwealth area; or
(ii) taken from a Commonwealth area in circumstances covered by paragraph (a), (c), (d), (da), (db), (j), (k), (m), (n), (o) or (p).
Note: A defendant bears an evidential burden in relation to the matters in this section. See subsection 13.3(3) of the Criminal Code .