Northern Territory Numbered Acts

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WEEDS MANAGEMENT LEGISLATION AMENDMENT ACT 2022 (NO 7 OF 2022) - SECT 28L

Offence to contravene permit

    (1)     A person commits an offence if:

    (a)     the person is a holder of a permit; and

    (b)     the person intentionally engages in conduct; and

    (c)     the conduct results in a contravention of the permit and the person is reckless in relation to that result.

Penalty:     environmental offence level 3.

    (2)     Strict liability applies to subsection (1)(a).

    (3)     A person commits an offence if:

    (a)     the person is a holder of a permit; and

    (b)     the person contravenes the permit.

Penalty:     environmental offence level 4.

    (4)     An offence against subsection (3) is an offence of strict liability.

    (5)     It is a defence to a prosecution for an offence against subsection (1) or (3) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.

Note for subsection (5)

The defendant has an evidential burden in relation to the matters in subsection (5) (see section 43BU of the Criminal Code).

27     Section 29 amended (Notification of presence of plants or     weeds)

(1)     Section 29(2)

omit

and in a newspaper circulating in the Territory

(2)     After section 29(2)

insert

    (2A)     The Minister must give public notice of a notice under subsection (2).

    (2B)     The Minister may determine the manner in which the public notice under subsection (2A) is to be given.

(3)     Section 29(3)

omit

this section

insert

subsection (1) or (2)

(4)     Section 29(4) and (5)

omit



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