207BOffence of knowingly damaging critical habitat

207B  Offence of knowingly damaging critical habitat  (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 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).  (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.