110   Use of certain substances for harming fauna

(1)  A person shall not, without the consent in writing of the Director-General, use any prescribed substance for the harming, or attempted harming, of any protected fauna (other than birds).

Maximum penalty: 30 penalty units or imprisonment for 6 months or both.

(2)  A person shall not, without the consent in writing of the Director-General, use any prescribed substance for the harming, or attempted harming, of any bird (whether or not protected fauna and whether or not native to, or of a species that periodically or occasionally migrates to, Australia).

Maximum penalty: 30 penalty units or imprisonment for 6 months or both.

(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 under and in accordance with the regulations.

(4)  The regulations may make provision for or with respect to exempting, subject to the prescribed conditions and restrictions (if any), any person or class or description of persons from the provisions of subsection (1) or (2) or both.

(5)  In this section, substance includes mixture or preparation.