“56A Application of Customs and Excise Act 1996

• Sections 149, 160, and 161 of the Customs and Excise Act 1996 apply in relation to the exportation of any absolutely protected or partially protected wildlife or any item of absolutely protected or partially protected wildlife as if that wildlife or item of wildlife were a prohibited export within the meaning of that Act.”

“65A Liability of directors and managers

• “(1) Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate is guilty of the same offence if the prosecution proves—

  • “(a) that the act that constituted the offence took place with the director's or manager's authority, permission, or consent; or

  • “(b) that the director or manager knew or could reasonably be expected to have known that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.

  “(2) Where any director or person concerned in the management of a body corporate is convicted of an offence against this Act by virtue of subsection (1), the director or person is liable to the penalty applicable to an individual who commits the offence.”

“67A Penalties for offences in respect of absolutely protected wildlife

• “(1) A person convicted of an offence under any of the provisions listed in subsection (2) is liable,—

  • “(a) in the case of an individual,—

    • “(i) to imprisonment for a term not exceeding 6 months; or

    • “(ii) to a fine not exceeding $100,000 plus a further fine not exceeding $5,000 for each head of wildlife and egg of wildlife in respect of which the offence is committed:

  • “(b) in the case of a body corporate, to a fine not exceeding $200,000 plus a further fine not exceeding $10,000 for each head of wildlife and egg of wildlife in respect of which the offence is committed.

  “(2) The provisions are—

  • “(a) section 56(5)(a) (which relates to capturing, having in possession for the purpose of liberating, or exporting absolutely protected wildlife):

  • “(b) section 63(1A)(a) (which relates to hunting, killing, buying, or selling absolutely protected wildlife, or robbing or disturbing the nest of absolutely protected wildlife):

  • “(c) section 65(2)(a) (which relates to receiving absolutely protected wildlife taken without authority):

  • “(d) section 65(3)(a) (which relates to being a party to an offence committed in respect of absolutely protected wildlife).

“67B Penalty for offence of liberating wildlife

• A person convicted of an offence under section 56(4) (which relates to liberating wildlife) is liable,—

  • “(a) in the case of an individual,—

    • “(i) to imprisonment for a term not exceeding 6 months; or

    • “(ii) to a fine not exceeding $100,000 plus a further fine not exceeding $5,000 for each head of wildlife in respect of which the offence is committed:

  • “(b) in the case of a body corporate, to a fine not exceeding $200,000 plus a further fine not exceeding $10,000 for each head of wildlife in respect of which the offence is committed.

“67C Penalties for offences in respect of partially protected wildlife

• “(1) A person convicted of an offence under any of the provisions listed in subsection (2) is liable,—

  • “(a) in the case of an individual, to a fine not exceeding $10,000 plus a further fine not exceeding $500 for each head of wildlife and egg of wildlife in respect of which the offence is committed:

  • “(b) in the case of a body corporate, to a fine not exceeding $20,000 plus a further fine not exceeding $1,000 for each head of wildlife and egg of wildlife in respect of which the offence is committed.

  “(2) The provisions are—

  • “(a) section 56(5)(b) (which relates to capturing, having in possession for the purpose of liberating, or exporting partially protected wildlife):

  • “(b) section 63(1A)(b) (which relates to hunting, killing, buying, or selling partially protected wildlife, or robbing or disturbing the nest of partially protected wildlife):

  • “(c) section 65(2)(b) (which relates to receiving partially protected wildlife taken without authority):

  • “(d) section 65(3)(b) (which relates to being a party to an offence committed in respect of partially protected wildlife).

“67D Penalty for offence of obstructing ranger

• A person convicted of an offence under section 40(1) (which relates to obstructing a ranger or other authorised person) is liable,—

  • “(a) in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000:

  • “(b) in the case of a body corporate, to a fine not exceeding $10,000.

“67E Penalties for offences in respect of game

• “(1) A person convicted of an offence under any of the provisions listed in subsection (2) is liable,—

  • “(a) in the case of an individual, to a fine not exceeding $5,000:

  • “(b) in the case of a body corporate, to a fine not exceeding $10,000.

  “(2) The provisions are—

  • “(a) section 17(8) (which relates to failing to comply with a written notice in respect of game):

  • “(b) section 19(5) (which relates to failing to produce an appointment endorsed on a game licence):

  • “(c) section 22A (which relates to acting as a game hunting guide without a licence):

  • “(d) section 23(2A) (which relates to the sale of game and game shooting rights).

  “(3) A person convicted of an offence under any of the provisions listed in subsection (4) is liable,—

  • “(a) in the case of an individual, to a fine not exceeding $5,000 plus a further fine not exceeding $100 for each head of game and egg of game in respect of which the offence is committed:

  • “(b) in the case of a body corporate, to a fine not exceeding $10,000 plus a further fine not exceeding $200 for each head of game and egg of game in respect of which the offence is committed.

  “(4) The provisions are—

  • “(a) section 15(6) (which relates to hunting or killing game in a close season):

  • “(b) section 16(2) (which relates to hunting or killing game in breach of a notification):

  • “(c) section 17(2) (which relates to hunting or killing game in a designated area where food has been placed):

  • “(d) section 17(3) (which relates to hunting or killing game in a designated area where there are artificially formed waters):

  • “(e) section 17(6) (which relates to hunting or killing game where a person knows that food has been placed or there are artificially formed waters):

  • “(f) section 18(1A) (which relates to breaching restrictions on the taking of game):

  • “(g) section 19(1) (which relates to hunting or killing game without a licence):

  • “(h) section 22(1) (which relates to shooting at or attempting to shoot at a game bird not in flight):

  • “(i) section 63(1A)(c) (which relates to hunting, killing, buying, or selling game, or robbing or disturbing the nest of game):

  • “(j) section 65(2)(c) (which relates to receiving game taken without authority):

  • “(k) section 65(3)(c) (which relates to being a party to an offence committed in respect of game).

“67F Penalties for other offences

• “(1) A person convicted of an offence under any of the provisions listed in subsection (2) is liable,—

  • “(a) in the case of an individual, to a fine not exceeding $5,000:

  • “(b) in the case of a body corporate, to a fine not exceeding $10,000.

  “(2) The provisions are—

  • “(a) section 14(3A) (which relates to prohibited acts committed in wildlife refuges):

  • “(b) section 17(7) (which relates to destroying, defacing, or tampering with a notice):

  • “(c) section 51 (which relates to obstructing an inspector):

  • “(d) section 53(7) (which relates to the failure of a person or officer to comply with an authorisation):

  • “(e) section 58(1) (which relates to certain acts committed in relation to homing pigeons):

  • “(f) section 59(5) (which relates to interfering with structures or services on land):

  • “(g) section 59(5A) (which relates to interfering with vehicles, animals, equipment, or supplies brought onto land):

  • “(h) section 59(6) (which relates to obstructing the Director-General or an officer in the exercise of powers):

  • “(i) section 61(2) (which relates to failing to produce a licence):

  • “(j) section 61(6) (which relates to failing to produce various items):

  • “(k) section 62(2) (which relates to transporting wildlife without proper information on the container):

  • “(l) section 65(1) (which provides for various miscellaneous offences):

  • “(m) section 65(3)(d) (which relates to being a party to an offence, other than an offence committed in respect of absolutely protected or partially protected wildlife or game):

  • “(n) section 66(2) (which relates to wilfully continuing an offence):

  • “(o) section 66(3) (which relates to failing to give a name, or giving a false name or address).

  “(3) A person convicted of an offence under any of the provisions listed in subsection (4) is liable,—

  • “(a) in the case of an individual, to a fine not exceeding $5,000 plus a further fine not exceeding $100 for each head of wildlife and egg of wildlife in respect of which the offence is committed:

  • “(b) in the case of a body corporate, to a fine not exceeding $10,000 plus a further fine not exceeding $200 for each head of wildlife and egg of wildlife in respect of which the offence is committed.

  “(4) The provisions are—

  • “(a) section 6(3) (which relates to hunting, killing, or possessing wildlife in breach of conditions imposed by the Minister):

  • “(b) section 7(2) (which relates to hunting, killing, or possessing wildlife in contravention of a notification):

  • “(c) section 7C(2) (which relates to farming certain unprotected animals without authorisation):

  • “(d) section 9(4) (which relates to breaching a Proclamation in respect of a wildlife sanctuary):

  • “(e) section 14(1C) (which relates to breaching a Proclamation or notice in respect of a wildlife refuge):

  • “(f) section 14A(4) (which relates to breaching a Proclamation in respect of a wildlife management reserve):

  • “(g) section 56(5)(c) (which relates to capturing, having in possession for the purpose of liberating, or exporting wildlife that is not absolutely protected or partially protected):

  • “(h) section 64 (which relates to acts committed in wildlife sanctuaries).

“67G Sentence of community service

• Despite section 29 of the Criminal Justice Act 1985, a Court may sentence any person who commits an offence against this Act to a sentence of community service (whether the offence is punishable by imprisonment or not) and the provisions of Part III of that Act apply with all necessary modifications.

“67H Offenders also liable for loss or damage

• “(1) A person convicted of an offence against this Act is liable, in addition to the penalty for the offence, for any loss or damage or expenses arising from or caused by the act constituting the offence.

  “(2) The amount payable under subsection (1) in respect of the loss, damage, or expense may be awarded by the Court in fixing the penalty and may be recovered as a fine.

  “(3) In assessing any amount payable under subsection (1), the Court—

  • “(a) may take into account salaries, wages, and incidental expenses incurred in the investigation of the act constituting the offence or in remedying the loss or damage caused by the act; and

  • “(b) must take into account all other relevant factors.”

“68AB Mens rea and strict liability offences

• “(1) In any prosecution for an offence under any of the provisions listed in subsection (5), the prosecution must prove that the defendant intended to commit the offence.

  “(2) In any prosecution for an offence under a provision that is not listed in subsection (5), it is not necessary for the prosecution to prove that the defendant intended to commit an offence.

  “(3) It is a defence in any prosecution for an offence not listed in subsection (5) if the defendant proves—

  • “(a) that the defendant did not intend to commit the offence; and

  • “(b) that,—

    • “(i) in any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done:

    • “(ii) in any case where it is alleged that anything prohibited was done, that the defendant took all reasonable steps to ensure that it was not done.

  “(4) The defence provided in subsection (3) is in addition to any other defence or excuse provided by this Act.

  “(5) The provisions are—

  • “(a) section 17(6)(c) (which relates to hunting or killing waterfowl where a person knows that food has been placed or artificial waters formed):

  • “(b) section 40(1) (which relates to obstructing a ranger):

  • “(c) section 58(1)(a) (which relates to shooting at, killing, disabling, or injuring a homing pigeon):

  • “(d) section 59(5A) (which relates to interfering with vehicles, animals, equipment, or supplies brought onto land):

  • “(e) section 59(6) (which relates to obstructing the Director-General or an authorised officer in the exercise of powers):

  • “(f) section 65(2) (which relates to receiving wildlife):

  • “(g) section 66(2) (which relates to failing to give a name and address, or giving a false name and address).

  “(6) Sections 63A and 63B continue to apply as if this section had not been enacted.”