Illegal Wildlife Trading and Trafficking Offences
Facing Illegal Wildlife Trading or Trafficking Charges
Illegal wildlife trading is not only a threat to the environment but also treated as a serious criminal offence under both state and federal law. Authorities in New South Wales and across Australia actively investigate and prosecute these cases, and penalties can be severe.
Detailed description:
- Offences may involve the possession, sale, export, or smuggling of native or exotic animals, animal products such as ivory or turtle shells, or protected plants
- Investigations often involve federal and state law enforcement, including border authorities, which means cases can be highly complex.
- Penalties include significant fines and imprisonment, with severity depending on the type of species and scale of activity.
At Brightstone Defence, our lawyers have significant experience handling wildlife and environmental crime matters. We understand both NSW and Commonwealth legislation, and we have acted for clients in high-profile smuggling and trafficking cases. If you are facing charges, contact us immediately for tailored legal advice and strong representation.
Illegal wildlife trading involves the buying, selling, exporting, or smuggling of native or exotic animals, plants, or animal products without proper permits. This includes live animals such as reptiles or birds, animal parts such as ivory or turtle shells, or protected plants.
- In New South Wales, the offence is regulated under the Biodiversity Conservation Act 2016 (NSW), which makes it illegal to deal in protected animals or plants without authorisation.
- At the federal level, the Environment Protection and Biodiversity Conservation Act 1999 (Cth) imposes strict controls on the import and export of wildlife, including live animals, animal products, and endangered plants.
Breaching these laws is considered a serious criminal offence. Offenders may face prosecution, substantial financial penalties, and custodial sentences, reflecting the importance of protecting Australia’s biodiversity and preventing illegal wildlife trafficking.
Elements the Prosecution Must Prove
To convict someone of illegal wildlife trade or trafficking, authorities must prove:
- The person possessed, moved, or traded a protected species (or product from one)
- They did not have the required licence or permit
- They knew or were reckless about the species being protected or illegal to trade.
Even if the animal isn’t endangered, trading it without permission can still be illegal.
Possible Defences
Depending on the situation, the following defence might apply:
- Lack of knowledge – you didn’t know the species was protected or regulated.
- Lawful possession – you had the correct permit or the animal was obtained legally.
- Mistaken identity – the species wasn’t what authorities claimed it was.
- Duress – you were pressured or threatened to take part in the trade.
Wildlife laws are complex — legal advice is essential in these cases.
Potential Penalties
Penalties for illegal wildlife trade can be severe, especially for endangered species or organised trafficking. They may include:
- Fines of up to $1.1 million for individuals, and even more for corporations
- Prison terms of up to 10 years
- Seizure of animals, property, and vehicles used in the offence
- A criminal record that can affect employment, study, and travel
Even just attempting to illegally trade or transport wildlife can lead to charges.
Legal Process
& Options
Pleading
Not Guilty
Pleading
Guilty
- Yes
The ownership of certain exotic or dangerous animals requires a licence under the Biodiversity Conservation Act 2016.
Seized animals are typically placed in the care of authorised organisations such as the RSPCA. These animals may be rehomed, rehabilitated, or in very severe cases euthanised.
- Yes
Under the Prevention of Cruelty to Animals Act 1979 (POCTAA), abandoning an animal is a prohibited act. If found guilty, offenders can face fines of up to $5,500 for an individual and $27,500 for a corporation.
The definition of cruelty stated in the Act is the act or omission whereby an animal is “unreasonably, unnecessarily, or unjustifiably”:
- Beaten, kicked, killed, wounded, pinioned, mutilated, maimed, abused, tormented, tortured, terrified, or infuriated
- Overloaded, overworked, overdriven, overridden, or overused
- Exposed to excessive heat or cold
- Inflicted with pain
To convict a person of cruelty to an animal, the prosecution must prove beyond reasonable doubt that they have:
- Committed an act of cruelty upon an animal; or
- Were the person in charge of an animal, and:
- Authorised the commission of an act of cruelty upon an animal; or
- Failed to exercise reasonable care, control, or supervision of the animal to prevent the commission of an act of cruelty;
- Failed to take reasonable steps, as necessary, to alleviate the pain being inflicted upon the animal; or
- Failed to provide the animal with necessary veterinary treatment when required.
Animal cruelty charges can lead to severe penalties, including fines, imprisonment, and bans on owning animals. Early legal advice helps protect your rights, explore all possible defences, and prevent mistakes during police or court interactions.
A specialist animal cruelty lawyer can:
- Explain the charges and potential penalties clearly
- Advise on defences relevant to your case, such as lack of knowledge or lawful possession
- Represent you in negotiations with prosecutors or in court to achieve the best outcome
Wildlife offences are often detected at airports, ports, or during customs checks. They may also come to light through online sales, postal inspections, or reports from the public. Federal and state agencies often work together on these cases.
- Yes
Simply possessing, transporting, or attempting to export a protected species without a valid permit can be enough for charges to be laid, even if no money changed hands.
- No
The seriousness of the penalty usually depends on whether the animal or plant is listed as threatened or endangered, and whether the offence was part of an organised operation. Dealing with endangered species attracts the heaviest fines and longest prison terms.
- Absolutely
Even a first-time or “less serious” offence can still result in a criminal record, which may affect your ability to work, study, or travel. Having an experienced wildlife trafficking defence lawyer ensures your rights are protected and that every possible defence is explored.
Do not try to handle the matter yourself. Contact a lawyer immediately. In many cases, authorities can seize vehicles, property, or animals linked to the offence. A lawyer can help you challenge the seizure or negotiate outcomes to minimise the impact.
You should seek immediate legal advice and avoid making any statements to authorities without a lawyer present. Wildlife laws are complex, and early advice can make a critical difference in the outcome of your case. At Brightstone Defence, we have experience defending clients against wildlife trafficking charges and can guide you through every step of the legal process.
- Yes. Our criminal defence lawyers team has extensive experience in cases involving environmental and wildlife offences, including illegal trading and trafficking charges. We understand both NSW and Commonwealth laws and have successfully defended clients facing serious wildlife-related allegations. Contact us today to discuss your situation and protect your future.
- A Criminal lawyer can help you by:
- Explaining your rights and the legal process.
- Assessing whether you have valid defence.
- Negotiating with prosecutors to reduce charges or penalties.
- Preparing your case for court and advocating on your behalf.
- Helping minimise the impact on your future, such as avoiding a criminal record.
- Early legal advice can significantly improve your chances of a favourable outcome.
Wildlife offences are often detected at airports, ports, or during customs checks. They may also come to light through online sales, postal inspections, or reports from the public. Federal and state agencies often work together on these cases.
- Yes
Simply possessing, transporting, or attempting to export a protected species without a valid permit can be enough for charges to be laid, even if no money changed hands.
- No
The seriousness of the penalty usually depends on whether the animal or plant is listed as threatened or endangered, and whether the offence was part of an organised operation. Dealing with endangered species attracts the heaviest fines and longest prison terms.
- Absolutely
Even a first-time or “less serious” offence can still result in a criminal record, which may affect your ability to work, study, or travel. Having an experienced wildlife trafficking defence lawyer ensures your rights are protected and that every possible defence is explored.
Do not try to handle the matter yourself. Contact a lawyer immediately. In many cases, authorities can seize vehicles, property, or animals linked to the offence. A lawyer can help you challenge the seizure or negotiate outcomes to minimise the impact.
You should seek immediate legal advice and avoid making any statements to authorities without a lawyer present. Wildlife laws are complex, and early advice can make a critical difference in the outcome of your case. At Brightstone Defence, we have experience defending clients against wildlife trafficking charges and can guide you through every step of the legal process.
- Yes. Our criminal defence lawyers team has extensive experience in cases involving environmental and wildlife offences, including illegal trading and trafficking charges. We understand both NSW and Commonwealth laws and have successfully defended clients facing serious wildlife-related allegations. Contact us today to discuss your situation and protect your future.
- A Criminal lawyer can help you by:
- Explaining your rights and the legal process.
- Assessing whether you have valid defence.
- Negotiating with prosecutors to reduce charges or penalties.
- Preparing your case for court and advocating on your behalf.
- Helping minimise the impact on your future, such as avoiding a criminal record.
- Early legal advice can significantly improve your chances of a favourable outcome.
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