196BTaking etc. member of listed threatened species or community

196B  Taking etc. member of listed threatened species or community  (a) the person takes, trades, keeps or moves a member of a species or a member of an ecological community; and  (b) the member is a member of a listed threatened species (except a conservation dependent species) or a listed threatened ecological community; and 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.