70Fauna in wildlife refuges and other areas

70 Fauna in wildlife refuges and other areas

70 Fauna in wildlife refuges and other areas

(1) A person shall not—

(a) harm any fauna, or

(b) use any animal, firearm, explosive, net, trap, hunting device or instrument or means whatever for the purpose of harming any fauna,

being fauna within a wildlife refuge, conservation area, wilderness area or area subject to a wilderness protection agreement.

(2) A person shall not—

(a) carry, discharge or have in the person’s possession any prohibited weapon,

(b) carry or have in the person’s possession any explosive, net, trap or hunting device, or

(c) be accompanied by a dog,

in a wildlife refuge, conservation area, wilderness area or area subject to a wilderness protection agreement.

(3) A person shall not be convicted of an offence arising under subsection (1) or (2) if the person proves that the act constituting the offence was done, or that the state of affairs constituting the offence existed—

(a) under and in accordance with or by virtue of the authority conferred by an authorisation under section 171 or a licence under Part 6 of the Threatened Species Conservation Act 1995, or

(b) in pursuance of a duty imposed on the person by or under any Act.

(4) A person shall not be convicted of an offence arising under subsection (2) in respect of the carrying or having in the person’s possession of a net in a wildlife refuge, conservation area, wilderness area or area subject to a wilderness protection agreement if the person proves that the net was carried or in the person’s possession for the purpose only of taking, or attempting to take, fish from any waters.

(5) (Repealed)

(6) A person, being an owner, lessee or occupier of any lands within a wildlife refuge, conservation area, wilderness area or area subject to a wilderness protection agreement, or a person authorised by such an owner, lessee or occupier in that behalf, shall not be convicted of—

(a) an offence arising under subsection (1) in respect of the harming of any fauna within those lands, being fauna that is not native to Australia and that is either—