Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person takes an action; and
(b) the person knows that the action significantly damages or will significantly damage critical habitat for a listed threatened species (except a conservation dependent species) or of a listed threatened ecological community; and
(c) the habitat is in or on a Commonwealth area.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: This section does not apply in the circumstances described in section 197. A defendant bears an evidential burden in relation to those circumstances. See subsection 13.3(3) of the Criminal Code .
(2) Strict liability applies to paragraph (1)(c).
Note: For strict liability , see section 6.1 of the Criminal Code .
(3) The offence is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1,000 penalty units, or both.
(4) To avoid doubt, this section does not affect the operation of Division 2, 3 or 4.