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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Deer Bill 2006
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Ownership of deer 3
5 Regulations may specify how deer are to be held captive 3
6 Offence of releasing deer 4
7 Operation of certain legislation not affected 4
Part 2 Deer control orders
8 Orders requiring deer to be controlled 5
9 Consultation and approval before making deer control order 5
10 Occupier of land must comply with deer control order 6
11 Commencement of deer control order 6
12 Notification of making deer control order 6
Deer Bill 2006
Contents
Page
Part 3 Compliance directions
13 Compliance directions by authorised officers 7
14 Costs of complying with a compliance direction 7
15 How compliance direction is to be given 8
16 Review by Administrative Decisions Tribunal 8
Part 4 Authorised officers
17 Appointment of authorised officers 9
18 Functions of authorised officers 9
19 Purposes for which functions under Part may be exercised 9
20 Power of entry 10
21 Search warrant 10
22 Powers of authorised officers on premises 10
23 Notice of entry 11
24 Use of force 12
25 Notification of use of force or urgent entry 12
26 Care to be taken 12
27 Compensation 12
28 Authorised officer may request assistance 13
29 Obstruction of authorised officers 13
Part 5 Miscellaneous
30 Onus of proof regarding reasonable excuse 14
31 Offences by corporations 14
32 Nature of proceedings for offences 14
33 Penalty notices 14
34 Delegation 15
35 Disputes between Minister and public authority 15
36 Act to bind Crown 15
37 Description of land 16
38 Regulations 16
39 Savings, transitional and other provisions 16
40 Amendment of Acts 16
41 Review of Act 16
Schedule 1 Savings, transitional and other provisions 17
Schedule 2 Amendment of Acts 18
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Deer Bill 2006
Act No , 2006
An Act with respect to the ownership, regulation and release of captive deer and the
control of deer that are not captive; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Deer Bill 2006
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Deer Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
(1) In this Act:
authorised officer means a person appointed by the Minister under
section 17.
compliance direction means a compliance direction given by an
authorised officer under section 13.
deer means a living animal of the family cervidae.
deer control order means an order having effect under section 8.
Department means the Department of Primary Industries.
Director-General means the Director-General of the Department.
exercise a function includes perform a duty.
function includes a power, authority or duty.
occupier of land and public authority have the same meanings as they
have in the Rural Lands Protection Act 1998.
Note. The Rural Lands Protection Act 1998 defines occupier and public
authority as follows:
occupier of land means the following:
(a) the person for the time being entitled to possession of land and includes,
if the person so entitled does not reside on the land, the resident
manager or other person in charge of the land,
(b) if the land is public land to which no person is entitled to possession--
the person having the care, control and management of the land,
(c) if the land is reserved or dedicated for any public use or purpose--the
trustee or trustees of the land,
(d) if the land consists of a public road--the roads authority for that road
within the meaning of the Roads Act 1993,
(e) if the land consists of a travelling stock reserve--the responsible board
within the meaning of Part 8,
(f) any other person designated by the regulations as an occupier of land
for the purposes of this definition.
Page 2
Deer Bill 2006 Clause 4
Preliminary Part 1
public authority includes:
(a) a Minister of the Crown, or
(b) a local authority constituted by or under an Act, or
(c) a government department, or
(d) a statutory body representing the Crown, or
(e) the trustee or trustees of land reserved or dedicated for any public use
or purpose, or
(f) a State owned corporation, or
(g) a member of staff or other person who exercises functions on behalf of
any of the above.
(2) Notes included in this Act do not form part of this Act.
4 Ownership of deer
(1) A deer that is held in captivity may be bought, sold or otherwise dealt
with or disposed of.
(2) If a deer ceases to be held in captivity, all property in the deer is
immediately extinguished.
(3) If a person captures a deer that is not held in captivity, the person
becomes the owner of the deer.
(4) Despite subsections (2) and (3), if a person other than an authorised
officer captures a deer within 2 kilometres of the enclosure or other
place (not being a vehicle) in which the deer was last held in captivity,
property in the deer is not extinguished.
(5) Despite subsections (2), (3) and (4), any of the following persons (but
no other person) may kill a deer that is within 2 kilometres of the
enclosure or other place (not being a vehicle) in which the deer was last
held in captivity:
(a) an authorised officer, or
(b) an occupier of land, or
(c) a person authorised by a person referred to in paragraph (a) or (b).
5 Regulations may specify how deer are to be held captive
(1) The regulations may specify the requirements for holding deer in
captivity, including requirements in relation to the keeping,
management and identification of deer and the reporting of information.
(2) A person must not cause or permit a deer to be held in captivity in
contravention of the regulations.
Maximum penalty:
(a) in the case of a corporation--100 penalty units, or
Page 3
Clause 6 Deer Bill 2006
Part 1 Preliminary
(b) in the case of an individual--50 penalty units.
6 Offence of releasing deer
(1) A person must not cause or permit the release of a deer from captivity.
Maximum penalty:
(a) in the case of a corporation--100 penalty units, or
(b) in the case of an individual--50 penalty units.
(2) It is a defence to prosecution for an offence under subsection (1) if the
defendant can demonstrate that he or she took all reasonable steps to
prevent the release of the deer and, after the release, took all reasonable
steps to capture or kill the deer.
7 Operation of certain legislation not affected
Nothing in this Act affects the operation of the following:
(a) the Firearms Act 1996,
(b) the Weapons Prohibition Act 1998,
(c) the Prevention of Cruelty to Animals Act 1979,
(d) the National Parks and Wildlife Act 1974,
(e) the Non-Indigenous Animals Act 1987,
(f) the Exhibited Animals Protection Act 1986.
Page 4
Deer Bill 2006 Clause 8
Deer control orders Part 2
Part 2 Deer control orders
8 Orders requiring deer to be controlled
(1) The Minister may, by order published in the Gazette (a deer control
order), require that the occupier of the land specified in the order do
either or both of the following:
(a) ensure that deer on the land (other than deer held in captivity) are
controlled in a manner and in the circumstances specified in the
order and within the time specified in the order,
(b) notify the Minister, in the manner specified in the order, as soon
as practicable after becoming aware of the presence of deer on the
land (other than deer held in captivity).
Note. The Minister may amend or repeal an order made under this section. See
section 43 of the Interpretation Act 1987.
(2) A deer control order applies to the land specified in the order and has
effect (unless sooner revoked) for the period (not exceeding 5 years)
specified in the order.
(3) Nothing in this section authorises a person to contravene any other Act
or law.
(4) Despite subsection (3), the holder of a game hunting licence under the
Game and Feral Animal Control Act 2002 does not contravene
conditions of that licence relating to the manner of hunting deer if the
holder hunts deer on land to which a deer control order applies and the
manner of hunting is specified in that order.
Note. A person is not required to hold a game hunting licence under the Game
and Feral Animal Control Act 2002 if the person is hunting deer in accordance
with a duty imposed on the person or the person's employer (or on any
corporation of which the person is an officer) because of a deer control order
(see section 17 (1) (d1) of that Act).
(5) A deer control order may apply to any land and may apply generally or
may be limited in any way specified in the order.
(6) A deer control order must not specify the use of lethal poison as a
manner in which deer are to be controlled.
9 Consultation and approval before making deer control order
(1) Before making a deer control order the Minister is to consult with each
of the following:
(a) the Department,
(b) the State Council of Rural Lands Protection Boards,
(c) each rural lands protection board constituted for a district in
which there is land to which the order is to apply,
Page 5
Clause 10 Deer Bill 2006
Part 2 Deer control orders
(d) the Game Council of New South Wales,
(e) each local council for a local government area in which there is
land to which the order is to apply,
(f) each public authority that occupies land to which the order is to
apply,
(g) the New South Wales branch of the Deer Industry Association of
Australia or such other body as may be prescribed by the
regulations.
(2) Failure to comply with this section does not invalidate a deer control
order.
10 Occupier of land must comply with deer control order
An occupier of land (other than a public authority) to which a deer
control order applies must not fail to comply with the order.
Maximum penalty:
(a) in the case of a corporation--100 penalty units, or
(b) in the case of an individual--50 penalty units.
11 Commencement of deer control order
A deer control order takes effect on the day that it is published in the
Gazette or on a later day specified in the order.
12 Notification of making deer control order
(1) The Minister is to take such steps as are reasonable to notify the
occupier of any land to which a deer control order applies of the order,
as soon as practicable after the order is made and published in the
Gazette.
(2) Failure to comply with this section does not invalidate a deer control
order.
Page 6
Deer Bill 2006 Clause 13
Compliance directions Part 3
Part 3 Compliance directions
13 Compliance directions by authorised officers
(1) An authorised officer may give a compliance direction to any person
(other than a public authority) who holds deer in captivity requiring the
person to take or cease the action specified in the direction for the
purpose of ensuring that the person complies with this Act and the
regulations.
(2) An authorised officer may give a compliance direction to an occupier of
land (other than a public authority) to which a deer control order applies
requiring the person to take or cease the action specified in the direction
for the purpose of ensuring that the person complies with the deer
control order.
(3) A compliance direction may specify a reasonable time in which a
particular action must be taken or ceased.
(4) A person who is given a compliance direction under this section must
not, without reasonable excuse, fail to comply with the direction.
Maximum penalty:
(a) in the case of a corporation--80 penalty units, or
(b) in the case of an individual--40 penalty units.
(5) An authorised officer may amend or revoke a compliance direction in
the same manner that the authorised officer may give the direction.
14 Costs of complying with a compliance direction
(1) A person given a compliance direction is liable for any costs incurred in
complying with the direction.
(2) An authorised officer, or a person engaged by the authorised officer,
may carry out some or all of the requirements of a compliance direction
if:
(a) the person to whom the direction is given fails, without
reasonable excuse, to comply with the direction within a
reasonable time, or
(b) the authorised officer considers that the requirements of the
direction need to be carried out urgently.
(3) If an authorised officer, or a person engaged by the authorised officer,
carries out some or all of the requirements of a compliance direction in
accordance with this section, the reasonable costs of carrying out those
requirements may be recovered as a debt by the Director-General in a
court of competent jurisdiction from the person to whom the direction
was given.
Page 7
Clause 15 Deer Bill 2006
Part 3 Compliance directions
(4) In any proceedings for the recovery of any debt referred to in this
section, a certificate signed by the Director-General stating the amount
of the costs and the manner in which they were incurred is evidence of
the matters certified.
15 How compliance direction is to be given
(1) A compliance direction is to be given in writing either personally or by
post or in any other manner permitted by this section.
(2) A compliance direction concerning specified land may also be given:
(a) by fixing a copy of the direction addressed to the occupier, either
by name or as the occupier, on a conspicuous part of the land or
any building or other structure on the land, or
(b) if the address of the occupier is unknown, publishing the
direction in a newspaper circulating in the local area.
(3) A compliance direction given by post to a person for the purposes of this
Act is to be treated as being properly addressed if it is addressed to the
last known address of the person known to the authorised officer giving
the direction.
16 Review by Administrative Decisions Tribunal
A person aggrieved by the decision of an authorised officer to give,
amend or revoke a compliance direction under this Part may apply to the
Administrative Decisions Tribunal for a review of that decision.
Note. Section 47 of the Administrative Decisions Tribunal Act 1997 sets out a
summary of the review process for a reviewable decision.
Page 8
Deer Bill 2006 Clause 17
Authorised officers Part 4
Part 4 Authorised officers
17 Appointment of authorised officers
(1) The Minister may appoint a member of staff of the Department or a
person of a class prescribed by the regulations to be an authorised
officer for the purposes of this Act.
(2) The Minister is to provide each authorised officer appointed under this
section (other than an authorised officer who is a police officer) with an
identification card that:
(a) states that it is issued under this Act, and
(b) gives the name of the person to whom it is issued, and
(c) describes the nature of the powers conferred, and
(d) states the date (if any) on which it expires, and
(e) is signed by the Minister.
18 Functions of authorised officers
(1) An authorised officer may exercise any function of an authorised officer
under this Act.
(2) Despite subsection (1), the functions of an authorised officer may be
limited by the relevant instrument of appointment.
(3) In the course of exercising his or her functions, an authorised officer
must, if requested to do so by any person affected by the exercise of the
functions, produce the authorised officer's identification to the person
unless the authorised officer is a police officer in uniform.
(4) In this section:
authorised officer's identification means:
(a) the authorised officer's identification card issued under this
Part--if the authorised officer is not a police officer, or
(b) the authorised officer's identification as a police officer--if the
authorised officer is a police officer.
19 Purposes for which functions under Part may be exercised
The functions of an authorised officer under this Part may be exercised
for the following purposes:
(a) determining whether there has been compliance with or a
contravention of this Act or the regulations or any order or
direction made or given under this Act,
Page 9
Clause 20 Deer Bill 2006
Part 4 Authorised officers
(b) enabling the authorised officer or any other person to exercise a
function of the authorised officer or person under this or any
other Act.
20 Power of entry
(1) An authorised officer may enter any premises to exercise any function
of the authorised officer under this Act.
(2) An authorised officer may enter any premises at any reasonable time.
(3) This section does not empower an authorised officer to enter any part of
premises used only for residential purposes without the permission of
the occupier or the authority of a search warrant issued under this Part.
21 Search warrant
(1) An authorised officer under this Act may apply to an issuing officer for
a search warrant if the applicant has reasonable grounds for believing
that a provision of this Act or the regulations has been or is being
contravened on premises.
(2) An authorised officer may not apply for a search warrant unless the
authorised officer has notified the Minister of the intended application.
(3) An issuing officer to whom an application for a search warrant is made
under this section may, if satisfied that there are reasonable grounds for
doing so, issue a search warrant authorising an authorised officer named
in the warrant, when accompanied by a police officer, and any other
person named in the warrant:
(a) to enter the premises concerned, and
(b) to search the premises for evidence of a contravention of this Act
or the regulations.
(4) Division 4 of Part 5 of the Law Enforcement (Powers and
Responsibilities) Act 2002 applies to a search warrant issued under this
section.
(5) In this section:
issuing officer means an authorised officer within the meaning of the
Law Enforcement (Powers and Responsibilities) Act 2002.
22 Powers of authorised officers on premises
(1) An authorised officer may, at any premises lawfully entered, do
anything that in the opinion of the authorised officer is necessary to be
done for the purposes of this Act, including (but not limited to) the
things specified in subsection (2).
Page 10
Deer Bill 2006 Clause 23
Authorised officers Part 4
(2) An authorised officer who enters premises may do any or all of the
following:
(a) inspect the premises,
(b) search the premises,
(c) examine, seize, detain or remove any deer in or about those
premises,
(d) examine, seize, detain or remove any other thing that the
authorised officer has reasonable grounds to believe is being used
to contravene this Act or the regulations,
(e) require the production of and inspect any records in or about
those premises,
(f) take copies of, or extracts or notes from, any such records,
(g) require any person in or about those premises to answer questions
or otherwise furnish information,
(h) require the occupier of those premises to provide the authorised
officer with such assistance and facilities as are reasonably
necessary to enable the authorised officer to exercise his or her
functions,
(i) remove or destroy or cause to be removed or destroyed any deer
found in or about those premises unless the deer are being held in
captivity in accordance with the regulations,
(j) break open and search any box, container, package or receptacle
(including any place that could be used as a receptacle) in or
about those premises.
23 Notice of entry
(1) Before an authorised officer enters premises under this Part, the
Minister must give the occupier of the premises oral or written notice of
the intention to enter the occupier's premises on a day or within a period
of days specified in the notice.
(2) The day or any day within the period of days specified must not be the
day on which the notice is given.
(3) This section does not require notice to be given in any one or more of
the following circumstances:
(a) if entry to the premises is made with the consent of the occupier
of the premises,
(b) if entry has been authorised by a search warrant issued under this
Part,
Page 11
Clause 24 Deer Bill 2006
Part 4 Authorised officers
(c) if entry is required urgently and the Minister has authorised in
writing (either generally or in the particular case) entry without
notice,
(d) if entry is required to enable an authorised officer to carry out the
requirements of a compliance direction and the authorised officer
considers that the requirements of the direction need to be carried
out urgently.
24 Use of force
(1) Reasonable force may be used for the purpose of gaining entry to any
premises (other than residential premises) under this Part but only if
authorised by the Minister in accordance with this section and in
accordance with any guidelines.
(2) No force is to be exercised in any case unless the Minister has
authorised in writing (either in a specified class of cases or in the
particular case) the use of force in the circumstances of the case.
(3) A general authority given by the Minister for the use of force is invalid.
The authority is to specify the circumstances that are required to exist in
a case before force is used.
25 Notification of use of force or urgent entry
(1) An authorised officer must give the Minister prompt oral or written
advice of:
(a) any use of force by the authorised officer for the purpose of
gaining entry to premises, or
(b) any entry to premises by the authorised officer without notice
having been given to the occupier of the premises of the intention
to enter as required by this Part.
(2) The Minister must give notice of the entry to such persons or authorities
as appear to be appropriate in the circumstances.
26 Care to be taken
In the exercise of a function under this Part, an authorised officer must
do as little damage as possible.
27 Compensation
The Minister must compensate all interested parties for any damage
caused by an authorised officer who enters premises under this Part in
entering the premises (but not any damage caused by exercising any
other function), unless the occupier of the premises obstructed, hindered
or restricted the authorised officer in the exercise of the power of entry.
Page 12
Deer Bill 2006 Clause 28
Authorised officers Part 4
28 Authorised officer may request assistance
(1) An authorised officer may request the assistance of any police officer if
the authorised officer reasonably believes that the exercise of the
authorised officer's functions under this Act will be obstructed.
(2) An authorised officer may request the assistance of any person the
authorised officer believes to be capable of providing assistance in the
exercise of the authorised officer's functions under this Act.
29 Obstruction of authorised officers
A person must not, without reasonable excuse, delay, hinder or obstruct
an authorised officer in the exercise of the authorised officer's functions
under this Act.
Maximum penalty: 50 penalty units.
Note. Section 307B of the Crimes Act 1900 makes it an offence to provide false
or misleading information to an authorised officer.
Page 13
Clause 30 Deer Bill 2006
Part 5 Miscellaneous
Part 5 Miscellaneous
30 Onus of proof regarding reasonable excuse
In any proceedings for an offence against a provision of this Act or the
regulations, the onus of proving that a person had a reasonable excuse
(as referred to in the provision) lies with the defendant.
31 Offences by corporations
(1) If a corporation contravenes, whether by act or omission, any provision
of this Act or the regulations, each person who is a director of the
corporation or who is concerned in the management of the corporation
is taken to have contravened the same provision if the person knowingly
authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision
pursuant to subsection (1) whether or not the corporation has been
proceeded against or has been convicted under the provision.
(3) Nothing in this section affects any liability imposed on a corporation for
an offence committed by the corporation under this Act or the
regulations.
32 Nature of proceedings for offences
Proceedings for an offence under this Act or the regulations may be
dealt with summarily before a Local Court.
33 Penalty notices
(1) An authorised officer may serve a penalty notice on a person if it
appears to the authorised officer that the person has committed an
offence against this Act or the regulations, being an offence prescribed
by the regulations as a penalty notice offence.
(2) A penalty notice is a notice to the effect that, if the person served does
not wish to have the matter determined by a court, the person can pay,
within the time and to the person specified in the notice, the amount of
the penalty prescribed by the regulations for the offence if dealt with
under this section.
(3) A penalty notice may be served personally or by post.
(4) If the amount of penalty prescribed for an alleged offence is paid under
this section, no person is liable to any further proceedings for the
alleged offence.
(5) Payment under this section is not to be regarded as an admission of
liability for the purpose of, and does not in any way affect or prejudice,
any civil claim, action or proceeding arising out of the same occurrence.
Page 14
Deer Bill 2006 Clause 34
Miscellaneous Part 5
(6) The regulations may:
(a) prescribe an offence for the purposes of this section by specifying
the offence or by referring to the provision creating the offence,
and
(b) prescribe the amount of penalty payable for the offence if dealt
with under this section, and
(c) prescribe different amounts of penalties for different offences or
classes of offences.
(7) The amount of a penalty prescribed under this section for an offence is
not to exceed the maximum amount of penalty that could be imposed for
the offence by a court.
(8) This section does not limit the operation of any other provision of, or
made under, this or any other Act relating to proceedings that may be
taken in respect of offences.
34 Delegation
The Minister may delegate the exercise of any function of the Minister
under this Act (other than making deer control orders and this power of
delegation) to:
(a) any member of staff of the Department, or
(b) any person, or any class of persons, authorised for the purposes
of this section by the regulations.
35 Disputes between Minister and public authority
(1) If a dispute arises in connection with a deer control order, between the
Minister and the Minister responsible for a public authority affected by
such an order, a party to the dispute may submit the dispute to the
Premier for settlement.
(2) On submission of a dispute to the Premier, the Premier may hold an
inquiry into the dispute and may make such decision about the dispute
as the Premier thinks fit, having regard to the public interest and the
circumstances.
(3) A Minister, the Director-General and the public authority must comply
with a decision of the Premier under this section and for that purpose is
empowered to do so, despite the provisions of this or any other Act or
law.
36 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as
the legislative power of the Parliament of New South Wales permits, the
Crown in all its other capacities.
Page 15
Clause 37 Deer Bill 2006
Part 5 Miscellaneous
37 Description of land
Land is sufficiently described in a deer control order made, or a
compliance direction given, under this Act if the description of the land
allows no reasonable doubt as to the land to which the order or direction
relates.
38 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted to
be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) The regulations may create offences with a maximum penalty not
exceeding 50 penalty units.
39 Savings, transitional and other provisions
Schedule 1 has effect.
40 Amendment of Acts
Each Act specified in Schedule 2 is amended as set out in that Schedule.
41 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of
5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
Page 16
Deer Bill 2006
Savings, transitional and other provisions Schedule 1
Schedule 1 Savings, transitional and other
provisions
(Section 39)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Page 17
Deer Bill 2006
Schedule 2 Amendment of Acts
Schedule 2 Amendment of Acts
(Section 40)
2.1 Fines Act 1996 No 99
Schedule 1 Statutory provisions under which penalty notices issued
Insert in alphabetical order:
Deer Act 2006, section 33
2.2 Game and Feral Animal Control Act 2002 No 64
Section 17 Exemptions from licensing
Insert after section 17 (1) (d):
(d1) a person who is hunting deer in accordance with a duty
imposed on the person or the person's employer (or on any
corporation of which the person is an officer) because of a
deer control order or compliance direction under the Deer
Act 2006,
2.3 Law Enforcement (Powers and Responsibilities) Act 2002
No 103
Schedule 2 Search warrants under other Acts
Insert in alphabetical order:
Deer Act 2006, section 21
Page 18
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