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Contents (2016 - 63)
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Biodiversity Conservation Act 2016 No 63
Current version for 1 July 2019 to date (accessed 13 November 2019 at 21:43)
Part 2 Division 1 Section 2.5
2.5   Dealing in animals or plants
(1)  A person who deals in or attempts to deal in:
(a)  an animal or plant that is of a threatened species, or
(b)  an animal or plant that is part of a threatened ecological community, or
(c)  a protected animal or protected plant,
is guilty of an offence.
Maximum penalty (includes additional penalty for each animal or plant):
(a)  in the case of an animal or plant that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or community)—Tier 1 monetary penalty or imprisonment for 2 years, or both, or
(b)  in the case of an animal or plant that is (or is part of) a vulnerable species or vulnerable ecological community—Tier 3 monetary penalty, or
(c)  in any other case—Tier 4 monetary penalty.
(2)  For the purposes of this section, a person deals in animals or plants if the person:
(a)  buys or sells the animals or plants, or
(b)  trades in animals or plants, or
(c)  imports into, or exports from, New South Wales the animals or plants, or
(d)  possesses the animals or plants.
(3)  This section applies to an animal or plant, whether or not it is a living animal or plant, and extends to a part of an animal or plant.
(4)  The regulations may exclude a dealing of a kind described in the regulations from the application of this section.
(5)  In this section:
buy, sell, trade, import or export includes:
(a)  advertise or hold out as being prepared to buy, sell, trade, import or export animals or plants, and
(b)  deliver or receive animals or plants for the purpose of their purchase, sale, trade, import or export.
possess has the same meaning as in section 7 of the Crimes Act 1900.