Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts21. Section 39 of the Principal Act is amended—
(a) by omitting subsection (1) and substituting the following subsections:
“(1) A person shall not, except in accordance with a permit, release an animal that is wildlife from captivity if the release places it in greater danger of injury or death than if it had been kept in captivity.
Penalty:
(a) if the animal has special protection status—$10,000 or imprisonment for 5 years, or both;
(b) in any other case—$5,000 or imprisonment for 2 years, or both.
“(1A) A person shall not, except in accordance with a permit, release an animal that is not wildlife from captivity if the release places an animal that is wildlife in danger of injury or death.
Penalty: $2,000.
“(1B) A person shall not, except in accordance with a permit, release an animal from captivity.
Penalty: $1,000.
“(1C) It is a defence to a prosecution for an offence under subsection (1) if it is established that the defendant believed on reasonable grounds that the release of the animal did not place the animal in greater danger of injury or death than if it had been kept in captivity.
“(1D) It is a defence to a prosecution for an offence under subsection (1A) if it is established that the defendant believed on reasonable grounds that the release of the animal did not place an animal that is wildlife in danger of injury or death.”; and
(b) by omitting from subsection (2) “Sub-section (1) does” and substituting “Subsections (1) and (1B) do”.