Illegal Wildlife Trading and Trafficking Offences
Selling or smuggling illegal animal species in Australia is a serious offence that can lead to lengthy imprisonment and heavy fines.
Unlawful Wildlife Trade Offences Explained
The sale or trafficking of illegal wildlife or exotic animals without proper authorisation is a criminal offence under Australian law. These charges often involve:
- Selling live animals not included in the authorised list under Section 303EB
- Breaching the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
- Importing or exporting prohibited species without permits
If you are facing these serious charges, Brightstone Defence Criminal Lawyers can assist you with experienced and strategic representation to protect your rights.
This offence falls under Section 303EK of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). It criminalises the sale or possession for sale of live specimens not authorised under the relevant regulations.
Elements the Prosecution Must Prove
To secure a conviction, the prosecution must prove that:
- You sold or possessed a live specimen for sale
- The specimen was not authorised under Section 303EB
- You did so knowingly or recklessly
Possible Defences
Available legal defences may include:
- You had a valid permit or authorisation under the Act
- The species sold was included in the permitted list
- Honest and reasonable mistake of fact
Potential Penalties
Penalties for the illegal sale or possession of wildlife include:
- Up to 10 years imprisonment
- Fines up to $210,000 for individuals
- Higher penalties for corporations
Legal Process
& Options
These charges often begin with an investigation by authorities, followed by a formal charge, court appearances, and either a trial or sentencing depending on your plea.
Pleading
Not Guilty
If you plead not guilty, Brightstone Defence will develop a tailored strategy to defend your case, which may involve:
- Proving that the sale or possession was lawful or permitted
- Challenging the identification of the animal species involved
- Arguing a genuine mistake of fact
- Highlighting any procedural or evidentiary flaws in the prosecution’s case
We will thoroughly examine all evidence, challenge the prosecution's case, and pursue the best possible outcome on your behalf.
Pleading
Guilty
If you choose to plead guilty, your matter will proceed directly to sentencing. Entering an early guilty plea may:
- Reduce legal costs and penalties
- Show remorse, potentially resulting in a more lenient sentence
- Increase your chances of receiving a Section 10 dismissal or Conditional Release Order (CRO), helping you avoid a criminal record
Before pleading guilty, speak with one of our experienced criminal lawyers to fully understand your legal options and the potential consequences.
Frequently Asked Questions
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