Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 90A

90A Offence to keep or use native wildlife reasonably suspected to have been unlawfully taken

(1) A person must not keep or use native wildlife if a reasonable person in the person’s circumstances ought to have suspected that the wildlife may have been unlawfully taken unless—

(a) the person is an authorised person; or

(b) the State has, under this Act, disposed of the native wildlife to the person.

Penalty—

Maximum penalty—

(a) if the wildlife ought to have been suspected to have been taken in contravention of section 88 (2) , 89 or 97 —the maximum penalty under that section that applies to an unlawful taking of the wildlife; or

(b) if the wildlife ought to have been suspected to have been taken in contravention of a law of another State—the maximum penalty under that law that applies to the unlawful taking of the wildlife.

Examples of when an offence is committed under subsection (1)—

A buys and keeps the native wildlife mentioned in item 1 or 2, under the circumstances mentioned in the item. A is not an authorised person. A did not buy the wildlife from the State. A reasonable person in A’s circumstances ought to have suspected that the wildlife may have been unlawfully taken.

1 A buys protected wildlife from B at a market stall. Before buying the wildlife A asked B for evidence that it had been lawfully taken. In response, B replied that B did not have that evidence and that B bought the wildlife from someone else whom B did not know.

2 A holds a licence under this Act to keep particular protected wildlife. A buys protected wildlife of that type from B. Under this Act, to keep or deal with the wildlife, B must hold a particular type of licence. A regulation requires that B must, before the sale is completed, fill in a movement advice in the approved form for the movement of the wildlife because of the sale. The approved form requires a written acknowledgement by A as the person to whom the wildlife is being moved. B has not shown to A that B holds a licence to keep and deal with the wildlife. A did not give the acknowledgement.

(2) If a person is charged with an offence against subsection (1) , it is a defence to the charge if the person satisfies the court that the person had no reasonable grounds for suspecting the wildlife was unlawfully taken.

(3) In this section—

"unlawfully taken" means taken in contravention of section 88 (2) , 89 or 97 or of a law of another State.