sec.88Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal

### sec.88 Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal This section— is subject to section 93 ; and does not apply to the taking of protected animals in a protected area. For the taking of protected animals in protected areas, see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas). A person must not take a protected animal unless the person is an authorised person or the taking is authorised under this Act. Maximum penalty— for a class 1 offence—3,000 penalty units or 2 years imprisonment; or for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or for a class 3 offence—225 penalty units; or for a class 4 offence—100 penalty units. It is a defence to a charge of taking a protected animal in contravention of subsection (2) to prove that— the taking happened in the course of a lawful activity that was not directed towards the taking; and the taking could not have been reasonably avoided. Subsection (3) does not allow a person to keep or use the animal. A person must not keep or use an animal that is either of the following unless the person is an authorised person or the keeping or use is authorised under this Act— a protected animal if, at any time, it has been taken and the taking was not authorised under this Act or a law of another State; a descendant of an animal mentioned in paragraph (a) . Maximum penalty— for a class 1 offence—3,000 penalty units or 2 years imprisonment; or for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or for a class 3 offence—225 penalty units; or for a class 4 offence—100 penalty units. In this section— class 1 offence means an offence against this section that involves— 1 or more animals that are extinct, extinct in the wild, critically endangered or endangered wildlife; or 5 or more animals that are vulnerable or near threatened wildlife; or 1 or more echidna, koala or platypus. class 2 offence means an offence against this section that is not a class 1 offence and involves— 3 or 4 animals that are vulnerable or near threatened wildlife; or 10 or more animals that are least concern wildlife. class 3 offence means an offence against this section that is not a class 1 or class 2 offence and involves— 1 or 2 animals that are vulnerable or near threatened wildlife; or 5 or more, but less than 10, animals that are least concern wildlife. class 4 offence means an offence against this section other than a class 1, 2 or 3 offence. s 88 amd 1994 No. 42 s 17 ; 2000 No. 44 s 26 sub 2004 No. 48 s 172 amd 2004 No. 14 s 7A (amd 2004 No. 48 s 191 ); 2005 No. 53 s 135 ; 2007 No. 36 s 2 sch ; 2011 No. 6 s 142 sch ; 2011 No. 26 s 189 sch (amdt could not be given effect); 2013 No. 55 s 175 sch 1 pt 1 ; 2019 No. 28 s 33 (sec.88-ssec.1) This section— is subject to section 93 ; and does not apply to the taking of protected animals in a protected area. For the taking of protected animals in protected areas, see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas). (sec.88-ssec.2) A person must not take a protected animal unless the person is an authorised person or the taking is authorised under this Act. Maximum penalty— for a class 1 offence—3,000 penalty units or 2 years imprisonment; or for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or for a class 3 offence—225 penalty units; or for a class 4 offence—100 penalty units. (sec.88-ssec.3) It is a defence to a charge of taking a protected animal in contravention of subsection (2) to prove that— the taking happened in the course of a lawful activity that was not directed towards the taking; and the taking could not have been reasonably avoided. (sec.88-ssec.4) Subsection (3) does not allow a person to keep or use the animal. (sec.88-ssec.5) A person must not keep or use an animal that is either of the following unless the person is an authorised person or the keeping or use is authorised under this Act— a protected animal if, at any time, it has been taken and the taking was not authorised under this Act or a law of another State; a descendant of an animal mentioned in paragraph (a) . Maximum penalty— for a class 1 offence—3,000 penalty units or 2 years imprisonment; or for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or for a class 3 offence—225 penalty units; or for a class 4 offence—100 penalty units. (sec.88-ssec.6) In this section— class 1 offence means an offence against this section that involves— 1 or more animals that are extinct, extinct in the wild, critically endangered or endangered wildlife; or 5 or more animals that are vulnerable or near threatened wildlife; or 1 or more echidna, koala or platypus. class 2 offence means an offence against this section that is not a class 1 offence and involves— 3 or 4 animals that are vulnerable or near threatened wildlife; or 10 or more animals that are least concern wildlife. class 3 offence means an offence against this section that is not a class 1 or class 2 offence and involves— 1 or 2 animals that are vulnerable or near threatened wildlife; or 5 or more, but less than 10, animals that are least concern wildlife. class 4 offence means an offence against this section other than a class 1, 2 or 3 offence. - (a) is subject to section 93 ; and - (b) does not apply to the taking of protected animals in a protected area. Note— For the taking of protected animals in protected areas, see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas). - (a) for a class 1 offence—3,000 penalty units or 2 years imprisonment; or - (b) for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or - (c) for a class 3 offence—225 penalty units; or - (d) for a class 4 offence—100 penalty units. - (a) the taking happened in the course of a lawful activity that was not directed towards the taking; and - (b) the taking could not have been reasonably avoided. - (a) a protected animal if, at any time, it has been taken and the taking was not authorised under this Act or a law of another State; - (b) a descendant of an animal mentioned in paragraph (a) . - (a) for a class 1 offence—3,000 penalty units or 2 years imprisonment; or - (b) for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or - (c) for a class 3 offence—225 penalty units; or - (d) for a class 4 offence—100 penalty units. - (a) 1 or more animals that are extinct, extinct in the wild, critically endangered or endangered wildlife; or - (b) 5 or more animals that are vulnerable or near threatened wildlife; or - (c) 1 or more echidna, koala or platypus. - (a) 3 or 4 animals that are vulnerable or near threatened wildlife; or - (b) 10 or more animals that are least concern wildlife. - (a) 1 or 2 animals that are vulnerable or near threatened wildlife; or - (b) 5 or more, but less than 10, animals that are least concern wildlife.