GAME BILL 2001

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GAME BILL 2001

New South Wales Game Bill 2001 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Objects 2 4 Definitions 2 5 Game animals for the purposes of this Act 4 6 Application of firearms and weapons prohibition legislation 5 Part 2 Game Council 7 Constitution of Council 6 8 Membership and procedure of Game Council 6 9 Functions of Game Council 7 10 Committee of Management of Game Council 8 11 Other committees of Game Council 8 12 Staff of Game Council 8 13 Delegation by Game Council 9 14 Financial provisions 9 b00-076-p02.833

Game Bill 2001 Contents Page Part 3 Licensing and control of hunting for game animals Division 1 Preliminary 15 Classes of game hunting licences 11 16 Authority conferred by different classes of game hunting licences 11 Division 2 Licensing of hunters of game animals 17 Licence required to hunt game animals 12 18 Exemptions from licensing 12 Division 3 Control of hunting for game animals on public lands (restricted game hunting licences) 19 Hunting of game animals on public land 13 20 Special qualifications for restricted game hunting licence 13 21 Declaration of public lands available for hunting game 14 Division 4 Control of hunting for protected game animals (occupiers game hunting licences) 22 Protected game animals 15 23 Quotas on hunting protected game animals 15 24 Hunting restrictions, auditing of compliance and other matters with respect to protected game animals 16 25 Identification test for hunters of waterfowl or quail 17 26 Exemption from licensing under National Parks and Wildlife Act 1974 17 Division 5 Provisions relating to game hunting licences 27 Grant of licences 18 28 Conditions of licences 18 29 Offence to contravene conditions of licence 19 30 Code of practice for licensed game hunters 19 31 Duration of licence 19 32 Fees for applications and licences 20 33 Offences relating to licences 20 34 Arrangements for granting licences 20 35 Suspension or cancellation of licences by Game Council 20 36 Suspension or cancellation of licences by court in connection with offence 21 37 Rights of review 21 38 Regulations relating to licences 21 Contents page 2

Game Bill 2001 Contents Page Part 4 Investigations Division 1 Appointment of inspectors 39 Appointment of inspectors 23 40 Police officers to be inspectors 23 41 Identification 23 42 Production of identification 24 43 Offence of impersonating an inspector 24 Division 2 Powers of inspectors 44 Definitions 24 45 Powers of entry 25 46 Use of force on entry 25 47 Entry to premises used for residential purposes 26 48 Search warrant 26 49 General powers available on entry 26 50 Power to detain and search vehicles or vessels 27 51 Power of seizure 27 52 Power of inspectors to obtain information, documents and evidence 28 53 Power of inspector to demand name and address and to demand game hunting licence 29 54 Protection from incrimination 29 55 Inspector may request assistance 30 56 Offences 31 57 Care to be taken 31 58 Compensation 31 Part 5 Miscellaneous 59 Crown not bound 32 60 Native title rights and interests 32 61 Summary proceedings for offences 32 62 Penalty notices for certain offences 32 63 Evidentiary statements 33 64 Onus of proof concerning reasonable excuse 34 65 Regulations 34 66 Notes 34 67 Amendment of other Acts 34 68 Savings, transitional and other provisions 34 69 Review of Act 34 Contents page 3

Game Bill 2001 Contents Page Schedules 1 Provisions relating to members and procedure of Game Council 35 2 Provisions relating to members and procedure of Committee of Management 42 3 Amendment of other Acts 46 4 Savings, transitional and other provisions 48 Contents page 4

New South Wales Game Bill 2001 No , 2001 A Bill for An Act to manage and regulate the hunting of game; to establish a Game Council; and for other purposes.

Clause 1 Game Bill 2001 Part 1 Preliminary The Legislature of New South Wales enacts: 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Game Act 2001. 4 2 Commencement 5 This Act commences on a day or days to be appointed by 6 proclamation. 7 3 Objects 8 The objects of this Act are: 9 (a) to provide for the effective management of native and 10 introduced species of game animals, and 11 (b) to promote responsible and orderly hunting of those game 12 animals on public and private land and of pest animals on 13 public land. 14 Note. Section 5 identifies the animals (including pest animals) that are game 15 animals for the purposes of this Act. 16 4 Definitions 17 In this Act: 18 Committee of Management means the Committee of Management of 19 the Game Council established under Part 2. 20 exercise a function includes perform a duty. 21 function includes a power, authority or duty. 22 game animal--see section 5. 23 Game Council means the Game Council of New South Wales 24 constituted under Part 2. 25 game hunting licence means a licence granted under Part 3 and in 26 force (being a general game hunting licence, a restricted game hunting 27 licence or an occupiers game hunting licence). 28 hunt an animal means to use any firearm, bow, animal or other 29 hunting device to capture, kill or harm the animal, but does not include 30 laying or using poison for that purpose. 31 Page 2

Game Bill 2001 Clause 4 Preliminary Part 1 inspector means an inspector appointed under Division 1 of Part 4. 1 national park estate land means: 2 (a) any land reserved, dedicated or declared under the National 3 Parks and Wildlife Act 1974 or any land vested in the Minister 4 administering that Act for the purposes of Part 11 of that Act, 5 or 6 (b) any reserve under Part 5 of the the Crown Lands Act 1989 of 7 which the National Parks and Wildlife Reserve Trust has been 8 appointed as trustee, or 9 (c) any land that is declared to be a wilderness area under the 10 Wilderness Act 1987, and any land the subject of a wilderness 11 protection agreement under section 10 of that Act that has not 12 been declared to be a wilderness area. 13 occupier and owner have the same meanings as they have in the Local 14 Government Act 1993. 15 pest animal means an animal of a kind specified in section 5 (2) that 16 is living in the wild. 17 premises includes any place, and in particular includes: 18 (a) any land, building or part of any building, or 19 (b) any vehicle, vessel or aircraft, or 20 (c) any installation on land, on the bed of any waters or floating on 21 any waters, or 22 (d) any tent or movable structure. 23 private land means land other than: 24 (a) any public land, or 25 (b) any national park estate land, or 26 (c) any other land of a kind prescribed by the regulations. 27 protected game animal--see section 22. 28 public land means: 29 (a) Crown land within the meaning of the Crown Lands Act 1989, 30 or 31 (b) State forest, or 32 Page 3

Clause 4 Game Bill 2001 Part 1 Preliminary (c) land under the control and management of a public or local 1 authority that is declared by the regulations, on the 2 recommendation of the authority, to be public land for the 3 purposes of this Act, 4 but does not include: 5 (d) any land (other than State forest) that is occupied under any 6 lease or other arrangement for private purposes that confers a 7 right to exclusive possession of the land, or 8 (e) any national park estate land, or 9 (f) any other land of a kind prescribed by the regulations. 10 State forest has the same meaning it has in the Forestry Act 1916. 11 Note. Words and expressions used in this Act that are defined in the Interpretation 12 Act 1987 have the meanings set out in that Act. 13 5 Game animals for the purposes of this Act 14 (1) For the purposes of this Act, a game animal is any of the following 15 that is living in the wild: 16 (a) deer (cervidae), 17 (b) hare (lepus copensis), 18 (c) black duck (anas superciliosa), 19 (d) grey teal duck (anas gracilis), 20 (e) wood duck (chenonetta jubata), 21 (f) mountain duck (tadorna tadornoides), 22 (g) California quail (lophortyx callipepla californicus), 23 (h) brown quail (synoicus australis, coturnix ypsilophora), 24 (i) stubble quail (coturnix pectoralis), 25 (j) pheasant (phasiniacus phasianus colchicus), 26 (k) partridge (alectors alectoris chukar), 27 (l) peafowl (pavo cristatus), 28 (m) turkey (meleagris gallopavo galloparvo). 29 (2) Any of the following pest animals that is living in the wild is also a 30 game animal for the purposes of this Act: 31 (a) feral pig, 32 (b) feral dog, 33 Page 4

Game Bill 2001 Clause 5 Preliminary Part 1 (c) feral cat, 1 (d) feral goat, 2 (e) rabbit, 3 (f) fox. 4 Note. Section 18 provides that a game hunting licence is not required for hunting 5 any such pest animal on private land. 6 (3) However, a game animal does not include any animal that is or part of 7 a threatened species, population or ecological community within the 8 meaning of the Threatened Species Conservation Act 1995. 9 6 Application of firearms and weapons prohibition legislation 10 Nothing in this Act affects the operation of the Firearms Act 1996 or 11 the Weapons Prohibition Act 1998. 12 Page 5

Clause 7 Game Bill 2001 Part 2 Game Council Part 2 Game Council 1 7 Constitution of Council 2 (1) There is constituted by this Act a body corporate with the corporate 3 name of the Game Council of New South Wales. 4 (2) The Game Council has the functions conferred or imposed on it by or 5 under this or any other Act. 6 (3) The Game Council is, for the purposes of any Act, a statutory body 7 representing the Crown. 8 (4) The Game Council is subject to the control and direction of the 9 Minister in the exercise of its functions, except in relation to the 10 contents of any report or recommendation made by it. 11 8 Membership and procedure of Game Council 12 (1) The Game Council is to consist of 14 members appointed by the 13 Minister. 14 (2) The members of the Game Council are: 15 (a) 7 persons appointed on the nomination of hunting organisations 16 prescribed by the regulations for the purposes of this paragraph, 17 and 18 (b) a person appointed on the nomination of the State Council of 19 Rural Lands Protection Boards, and 20 (c) a person who is appointed on the nomination of Landcare 21 organisations prescribed by the regulations for the purposes of 22 this paragraph, and 23 (d) 2 persons who are wildlife management scientists, and 24 (e) a person appointed on the nomination of the New South Wales 25 Aboriginal Land Council, and 26 (f) a person appointed on the nomination of the Minister 27 administering the Forestry Act 1916, and 28 (g) a person appointed on the nomination of the Minister 29 administering the Crown Lands Act 1989. 30 Page 6

Game Bill 2001 Clause 8 Game Council Part 2 (3) The regulations may make provision for or with respect to the 1 appointment of persons, or the nomination of persons for 2 appointment, as members of the Game Council, including provision 3 for or with respect to: 4 (a) the qualifications required for appointment or nomination for 5 appointment, and 6 (b) the nomination of a panel of persons from which the person to 7 be appointed is selected by the Minister. 8 (4) Schedule 1 has effect with respect to the members and procedure of 9 the Game Council. 10 9 Functions of Game Council 11 (1) The Game Council has the following functions: 12 (a) to represent the interests of licensed game hunters, 13 (b) to administer the licensing system under this Act for game 14 hunters (including the issue of licences and the enforcement of 15 the Act) and to engage agents for that purpose, 16 (c) to make recommendations to relevant Ministers for the 17 purposes of section 21 (Declaration of public lands available 18 for hunting game), 19 (d) to provide advice to the Minister on game management 20 (whether at the request of the Minister or on its own initiative), 21 (e) to liaise with the Pest Animal Council, rural lands protection 22 boards and other relevant bodies in connection with their 23 respective functions, 24 (f) to promote or fund research into game management issues, 25 (g) to fund works or activities for the conservation of game 26 animals (other than pest animals), particularly in connection 27 with habitat restoration, 28 (h) to engage in such other activities relating to the objects of this 29 Act as are prescribed by the regulations. 30 (2) In exercising its functions, the Game Council is to have regard to 31 public safety. 32 Page 7

Clause 10 Game Bill 2001 Part 2 Game Council 10 Committee of Management of Game Council 1 (1) There is to be a committee of the Game Council, to be called the 2 Committee of Management of the Game Council. 3 (2) The Committee of Management may, in accordance with any 4 directions of the Game Council, exercise the functions of the Game 5 Council. Anything done or omitted by the Committee of Management 6 is taken to have been done or omitted by the Game Council. 7 (3) The Committee of Management is to consist of 6 members, namely: 8 (a) the Chairperson of the Game Council, who is to be the 9 Chairperson of the Committee of Management, and 10 (b) 2 other members of the Game Council (being members 11 appointed on the nomination of hunting organisations) 12 designated from time to time by the Minister, and 13 (c) the member of the Game Council appointed on the nomination 14 of the State Council of Rural Lands Protection Boards, and 15 (d) the member of the Game Council appointed on the nomination 16 of the Minister administering the Crown Lands Act 1989, and 17 (e) the member of staff of the Game Council who is the chief 18 executive officer. 19 (4) Schedule 2 has effect with respect to the members and procedure of 20 the Committee of Management. 21 11 Other committees of Game Council 22 (1) The Game Council may establish other committees to assist it in 23 connection with the exercise of any of its functions. 24 (2) The members of a committee need not be members of the Game 25 Council. 26 (3) The procedure for the calling of meetings of a committee and for the 27 conduct of business at those meetings is to be as determined by the 28 Game Council or (subject to any determination of the Game Council) 29 by the committee. 30 12 Staff of Game Council 31 (1) The staff of the Game Council may be employed: 32 (a) under Part 2 of the Public Sector Management Act 1988, or 33 (b) by the Game Council. 34 Page 8

Game Bill 2001 Clause 12 Game Council Part 2 (2) The Game Council may arrange for the use of the services of any staff 1 or facilities of a government department or a public or local authority. 2 (3) For the purposes of this Act, a person whose services are made use of 3 under this section is a member of the staff of the Game Council. 4 (4) The Game Council may engage consultants to obtain expert advice. 5 13 Delegation by Game Council 6 (1) The Game Council may delegate to an authorised person the exercise 7 of any of its functions, other than this power of delegation. 8 (2) In this section: 9 authorised person means: 10 (a) a member of the Game Council, or 11 (b) a member of the staff of the Game Council, or 12 (c) an authorised agent referred to in section 34 (Arrangements for 13 granting licences), or 14 (d) a public or local authority, or a member of staff of such an 15 authority, or 16 (e) a person of a class prescribed by the regulations. 17 14 Financial provisions 18 (1) The Game Council is to maintain an account called the "Game Council 19 Account". 20 (2) There is to be paid into the account: 21 (a) any fees payable under this Act in connection with the game 22 hunting licences, and 23 (b) any money appropriated by Parliament for the purposes of this 24 Act, and 25 (c) any other money received by the Game Council in connection 26 with the administration of this Act. 27 (3) The money in the account may be applied for any or all of the 28 following purposes: 29 (a) carrying out any of the functions of the Game Council, 30 (b) without limiting paragraph (a), making grants for the carrying 31 out of works or activities of game conservation (particularly in 32 connection with habitat restoration), 33 Page 9

Clause 14 Game Bill 2001 Part 2 Game Council (c) meeting the costs of the administration of this Act (including 1 the remuneration of members and staff of the Game Council). 2 (4) The Game Council may invest money in the account in any manner 3 authorised by the Public Authorities (Financial Arrangements) Act 4 1987 or, if that Act does not confer any such authority, in any manner 5 authorised for the investment of trust funds. 6 Page 10

Game Bill 2001 Clause 15 Licensing and control of hunting for game animals Part 3 Preliminary Division 1 Part 3 Licensing and control of hunting for game 1 animals 2 Division 1 Preliminary 3 15 Classes of game hunting licences 4 The following classes of game hunting licences may be granted under 5 this Act: 6 (a) general game hunting licences, 7 (b) restricted game hunting licences, 8 (c) occupiers game hunting licences. 9 16 Authority conferred by different classes of game hunting licences 10 (1) General licence 11 A general game hunting licence authorises, subject to this Act, the 12 holder of the licence to hunt game animals on any private land. 13 Note. In the case of hunting on private land, section 18 provides that a licence is 14 not required to hunt pest animals. 15 (2) Restricted licence 16 A restricted game hunting licence authorises, subject to this Act, the 17 holder of the licence to hunt game animals on public land as well as 18 any private land. 19 Note. In the case of hunting on public land, section 19 provides that a licence 20 does not authorise hunting unless the land is duly declared to be available for 21 hunting. A licence does not authorise hunting on national park estate land (see 22 definition of public land). 23 (3) Occupiers licence 24 An occupiers game hunting licence authorises, subject to this Act, the 25 holder of the licence to hunt, or permit another person to hunt, 26 protected game animals of the species specified in the licence on 27 private land owned or occupied by the holder of the licence. 28 (4) Entry into land 29 A game hunting licence does not authorise the holder of the licence to 30 enter any land that the holder is not otherwise authorised to enter. 31 Page 11

Clause 16 Game Bill 2001 Part 3 Licensing and control of hunting for game animals Division 1 Preliminary (5) Other statutory prohibitions 1 A game hunting licence does not authorise the holder of the licence to 2 contravene any prohibition or restriction imposed by or under any Act 3 or statutory instrument. 4 Division 2 Licensing of hunters of game animals 5 17 Licence required to hunt game animals 6 (1) A person who hunts a game animal on any private land or public land 7 is guilty of an offence unless the person is the holder of a game 8 hunting licence. 9 Maximum penalty: 50 penalty units. 10 (2) This section is subject to the other provisions of this Part. 11 18 Exemptions from licensing 12 (1) A game hunting licence is not required under this Division in respect 13 of the following: 14 (a) a person who is hunting a pest animal on private land, 15 (b) a person who is hunting on any land owned or occupied by the 16 person or by a member of the person's household or by a 17 corporation of which the person is an officer or employee, 18 (c) an Aboriginal person: 19 (i) who is hunting a game animal pursuant to a native title 20 right or interest that is the subject of an approved 21 determination of native title or of a registered native title 22 claim, or 23 (ii) who is member, or in the company of a member, of a 24 Local Aboriginal Land Council and who is undertaking 25 traditional cultural hunting within the area of the 26 Council, 27 (d) a person who is hunting pest animals in accordance with a duty 28 imposed on the person (or on any corporation of which the 29 person is an officer or employee) under the Rural Lands 30 Protection Act 1998 to suppress and destroy the animals (other 31 than a person assisting any such person in the performance of 32 that duty), 33 Page 12

Game Bill 2001 Clause 18 Licensing and control of hunting for game animals Part 3 Licensing of hunters of game animals Division 2 (e) a person who is hunting as a professional game hunter in the 1 course of any paid employment or engagement (other than a 2 person of a class prescribed by the regulations), 3 (f) a person employed by any public or local authority (including 4 an employee of a rural lands protection board) who is acting in 5 the execution of his or her duties as such an employee, 6 (g) a veterinary surgeon or other person who is acting for the 7 purposes of killing or treating an animal in distress due to injury 8 or illness, 9 (h) a person of a class, or hunting in the circumstances, prescribed 10 by the regulations. 11 (2) A person who is not required to hold a game hunting licence because 12 of this section is not prevented from applying for and being granted a 13 licence in accordance with this Act. 14 Note. A person exempt from licensing may wish to obtain a game hunting licence 15 for the purposes of qualifying for exemption from offences of harming protected 16 fauna under the National Parks and Wildlife Act 1974--see Division 4. 17 Division 3 Control of hunting for game animals on public 18 lands (restricted game hunting licences) 19 19 Hunting of game animals on public land 20 A person who hunts a game animal on any public land and who is 21 required by Division 2 to hold a game hunting licence to do so is guilty 22 of an offence unless: 23 (a) a declaration is in force under this Division that permits the 24 person to hunt that game animal on that land at that time, and 25 (b) the person is the holder of a restricted game hunting licence. 26 Maximum penalty: 50 penalty units. 27 20 Special qualifications for restricted game hunting licence 28 (1) A person is not entitled to be granted a restricted game hunting licence 29 unless: 30 (a) the person is a member of a hunting club, or organisation, 31 approved by the Game Council, and 32 Page 13

Clause 20 Game Bill 2001 Part 3 Licensing and control of hunting for game animals Division 3 Control of hunting for game animals on public lands (restricted game hunting licences) (b) the person satisfies the Game Council that he or she has 1 undertaken adequate training for the activities authorised by the 2 licence. 3 (2) In this section, adequate training includes training of a kind 4 prescribed by the regulations. 5 21 Declaration of public lands available for hunting game 6 (1) For the purposes of this section, the responsible Minister for public 7 lands is the Minister who has the care or control of the land or who is 8 responsible for the authority that has the care or control of the land. 9 (2) The responsible Minister for public land may make a declaration in 10 accordance with this section that game animals on that land may be 11 hunted by persons duly licensed under this Act. 12 (3) The responsible Minister is, before making a declaration, to have 13 regard to: 14 (a) the impact of the declaration on public safety, and 15 (b) the rights of others using the land, and 16 (c) any plan of management or other policy document relating to 17 the use or management of the land, and 18 (d) any recommendation of the authority that has care or control of 19 the land, and 20 (e) any recommendation of the Game Council. 21 (4) A declaration may be limited to particular parts of the land, to 22 particular game animals, to particular times or to other particular 23 circumstances. 24 (5) A declaration may require a person who hunts game animals in the 25 land concerned: 26 (a) to register with a specified person or body before hunting on 27 the land, and 28 (b) to comply with any exclusion or other notice issued or erected 29 by the authority that has the care or control of the land, and 30 (c) to comply with such other requirements as are specified in the 31 declaration. 32 A person is not permitted by the declaration to hunt game animals 33 unless any such requirements are complied with. 34 Page 14

Game Bill 2001 Clause 21 Licensing and control of hunting for game animals Part 3 Control of hunting for game animals on public lands (restricted game Division 3 hunting licences) (6) The responsible Minister is to give a copy of any declaration to the 1 Game Council and is to cause the declaration to be made public in 2 such manner as the Minister thinks fit. 3 (7) A declaration remains in force for the period specified in the 4 declaration unless it is sooner revoked by the responsible Minister. 5 (8) The responsible Minister may delegate to any authority or other person 6 any function of the Minister under this section. 7 (9) A declaration does not confer authority for anything that is inconsistent 8 with the requirements of any other Act or law. 9 (10) The Minister may vary or revoke a declaration under this section. 10 Division 4 Control of hunting for protected game animals 11 (occupiers game hunting licences) 12 22 Protected game animals 13 For the purposes of this Act, a protected game animal is a game 14 animal that is protected fauna within the meaning of the National 15 Parks and Wildlife Act 1974. 16 Note. Protected fauna is defined in that Act to mean any mammal, bird, reptile or 17 amphibian, except fauna of a species listed in Schedule 11 to that Act. The 18 species listed in that Schedule include carnivores, cloven hoofed animals, horses, 19 primates, hare, rabbit and squirrel. Accordingly, on the enactment of this Act, 20 protected game animals include some game birds. 21 23 Quotas on hunting protected game animals 22 (1) The Director-General of National Parks and Wildlife is to set annual 23 quotas of protected game animals that may be killed or captured by the 24 holders of game hunting licences. 25 (2) The following provisions apply to the setting of quotas by the 26 Director-General: 27 (a) the Director-General is subject to the same duties and 28 obligations as apply to the Director-General when exercising 29 functions with respect to protected game animals under the 30 National Parks and Wildlife Act 1974, 31 (b) quotas are not to be set for the purposes of enabling the hunting 32 of protected game animals for sporting or recreational purposes, 33 Page 15

Clause 23 Game Bill 2001 Part 3 Licensing and control of hunting for game animals Division 4 Control of hunting for protected game animals (occupiers game hunting licences) (c) quotas are to be set, in accordance with a methodology 1 prescribed by the regulations, on the basis of the best scientific 2 information available of estimated regional population numbers 3 of protected game animals, 4 (d) quotas are to be set to enable the total number of protected 5 game animals permitted to be killed or captured to be hunted by 6 the holders of game hunting licences and not by the holders of 7 licences under the National Parks and Wildlife Act 1974, 8 (e) separate quotas may be set for different species of game 9 animals and different parts of the State, 10 (f) quotas may be revised from time to time. 11 (3) The Game Council is to ensure that the number of protected game 12 animals authorised to be killed or captured under the authority 13 conferred by occupiers game hunting licences complies with the 14 relevant quota set by the Director-General. 15 (4) The Director-General is not required to set annual quotas for all 16 species of protected game animals in all parts of the State. 17 Accordingly, if during a particular period no quota is set in respect of 18 a particular species or in respect of a particular part of the State, 19 occupiers game hunting licences may not be granted during that period 20 with respect to that species of animal or that part of the State. 21 (5) A regulation under subsection (2) (c) may only be made on the 22 recommendation or with the approval of the Minister administering the 23 National Parks and Wildlife Act 1974. 24 24 Hunting restrictions, auditing of compliance and other matters with 25 respect to protected game animals 26 (1) The Director-General of National Parks and Wildlife may determine 27 the following matters in consultation with the Game Council: 28 (a) the times during which particular species of protected game 29 animals may be killed or captured, 30 (b) requirements with respect to the tagging or other identification 31 of protected game animals killed or captured, 32 (c) guidelines with respect to systems established by the Game 33 Council for the auditing of compliance with this Act of the 34 hunting of protected game animals. 35 Page 16

Game Bill 2001 Clause 24 Licensing and control of hunting for game animals Part 3 Control of hunting for protected game animals (occupiers game hunting Division 4 licences) (2) The Game Council is to ensure that determinations under this section 1 are complied with in connection with the grant of occupiers game 2 hunting licences and in the exercise of its other relevant functions 3 under this Act. 4 (3) The Game Council is to include in its annual report to Parliament a 5 report on the number of protected game animals killed or captured by 6 the holders of game hunting licences during the reporting year in those 7 parts of the State in which the hunting of those animals is authorised 8 by the licences. 9 25 Identification test for hunters of waterfowl or quail 10 (1) This section applies to protected game animals that are waterfowl or 11 quail. 12 (2) A game hunting licence does not authorise the holder of the licence to 13 hunt any such protected game animals unless the holder has passed an 14 official identification test. 15 (3) In this section, official identification test means a test conducted by or 16 on behalf of the Game Council in connection with the identification of 17 any such protected game animals (including any such test conducted 18 before the commencement of this section by or on behalf of the 19 National Parks and Wildlife Service). 20 26 Exemption from licensing under National Parks and Wildlife Act 1974 21 (1) A person who hunts a protected game animal in accordance with this 22 Act does not commit any applicable offence under the National Parks 23 and Wildlife Act 1974 in connection with any such hunting if: 24 (a) the person is the holder of an occupiers game hunting licence 25 and hunts the protected game animal on land owned or 26 occupied by the person, or 27 (b) the person is the holder of any other game hunting licence and 28 hunts the protected game animal on land owned or occupied by 29 the holder of an occupiers game hunting licence and with the 30 permission of that holder. 31 (2) The following offences under the National Parks and Wildlife Act 32 1974 are applicable offences for the purposes of this section: 33 (a) any offence under section 98 or any other provision of that Act 34 of harming or using a thing to harm the game animal, 35 Page 17

Clause 26 Game Bill 2001 Part 3 Licensing and control of hunting for game animals Division 4 Control of hunting for protected game animals (occupiers game hunting licences) (b) any offence under that Act of possessing the game animal or 1 the skin or any other part of the game animal (but not an 2 offence relating to the buying or selling of the game animal or 3 relating to the keeping of the game animal in captivity). 4 (3) This section applies whether or not the person holds a licence or other 5 authority under the National Parks and Wildlife Act 1974 which 6 authorises the hunting of the protected game animal concerned. 7 (4) The Director-General of National Parks and Wildlife may decline to 8 issue a licence or other authority under the National Parks and 9 Wildlife Act 1974 to harm a protected game animal if the harm can be 10 authorised by the grant of a game hunting licence under this Act. 11 Division 5 Provisions relating to game hunting licences 12 27 Grant of licences 13 (1) Game hunting licences are to be granted by the Game Council. 14 (2) The Game Council may approve or refuse applications for game 15 hunting licences in accordance with this Act and the regulations. 16 (3) The Game Council may refuse to grant a game hunting licence to a 17 person: 18 (a) if the person has been found guilty of an offence in New South 19 Wales or elsewhere (in the previous 10 years) involving cruelty 20 or harm to animals, personal violence, damage to property or 21 unlawful entry into land, or 22 (b) if the person is not eligible to hold the licence, or 23 (c) if the person is not a fit and proper person to hold the licence, 24 or 25 (d) in such other circumstances as are prescribed by the regulations. 26 28 Conditions of licences 27 (1) Game hunting licences may be granted unconditionally or subject to 28 conditions. 29 Page 18

Game Bill 2001 Clause 28 Licensing and control of hunting for game animals Part 3 Provisions relating to game hunting licences Division 5 (2) After granting a game hunting licence, the Game Council may, by 1 notice in writing to the holder of the licence: 2 (a) impose conditions or further conditions on the licence, or 3 (b) vary or revoke any of the conditions to which the licence is 4 subject. 5 (3) A game hunting licence is also subject to such conditions as are 6 prescribed by the regulations. Any such condition cannot be varied or 7 revoked by the Game Council under this section. 8 (4) A condition under this section may restrict or limit an activity 9 authorised by the licence. 10 29 Offence to contravene conditions of licence 11 The holder of a game hunting licence must not contravene any 12 condition to which the licence is subject. 13 Maximum penalty: 50 penalty units. 14 30 Code of practice for licensed game hunters 15 (1) The Game Council is to issue a code of practice to be observed by 16 persons hunting game animals pursuant to a game hunting licence. 17 (2) Compliance with provisions of the code may be made a condition of 18 game hunting licences. 19 31 Duration of licence 20 (1) A game hunting licence remains in force (unless sooner cancelled) for 21 the period (not exceeding the relevant maximum period) specified in 22 the licence. 23 (2) The relevant maximum period is: 24 (a) 12 months, except as provided by paragraph (b), or 25 (b) the period prescribed by or determined in accordance with the 26 regulations. 27 (3) A game hunting licence is not in force during any period it is 28 suspended. 29 Page 19

Clause 32 Game Bill 2001 Part 3 Licensing and control of hunting for game animals Division 5 Provisions relating to game hunting licences 32 Fees for applications and licences 1 The fees payable in respect of applications for licences and in respect 2 of the grant of licences are to be fixed by or determined in accordance 3 with the regulations. 4 33 Offences relating to licences 5 (1) A person must not pretend to be the holder of a game hunting licence. 6 (2) A person must not, for the purpose of obtaining a game hunting 7 licence, provide any information or produce any document that the 8 person knows is false or misleading in a material particular. 9 Maximum penalty: 50 penalty units. 10 34 Arrangements for granting licences 11 (1) The Game Council may enter into arrangements with any person for 12 the granting of game hunting licences to eligible applicants. A person 13 who enters into such an arrangement is an authorised agent for the 14 purposes of this Act. 15 (2) However, an arrangement cannot authorise an authorised agent to grant 16 a restricted game hunting licence or occupiers game hunting licence. 17 (3) An arrangement may include appropriate delegation of the functions 18 of the Game Council to authorised agents. 19 (4) An arrangement may make provision for the payment of commission 20 to an authorised agent, whether by way of retention of a percentage of 21 application or licence fees paid or by way of a separate payment. 22 (5) An arrangement may make provision for authorised agents to make 23 specified records with respect to the grant of game hunting licences 24 and the collection and remittance of licence fees. 25 35 Suspension or cancellation of licences by Game Council 26 (1) The Game Council may suspend or cancel a game hunting licence: 27 (a) if the person concerned is not qualified, or is no longer 28 qualified, to hold the licence, or 29 (b) if the person is found guilty of an offence in New South Wales 30 or elsewhere involving cruelty or harm to animals, personal 31 violence, damage to property or unlawful entry into land, or 32 (c) in such other circumstances as are prescribed by the regulations. 33 Page 20

Game Bill 2001 Clause 35 Licensing and control of hunting for game animals Part 3 Provisions relating to game hunting licences Division 5 (2) The Game Council may at any time remove the suspension of a game 1 hunting licence (except a suspension imposed by a court). 2 36 Suspension or cancellation of licences by court in connection with 3 offence 4 (1) A court that convicts the holder of a game hunting licence of a game 5 hunting offence may, by order: 6 (a) cancel or suspend the licence, and 7 (b) disqualify the convicted person from holding or obtaining such 8 a licence for a period specified by the court. 9 (2) Any disqualification under this section is in addition to any penalty 10 imposed for the offence. 11 (3) In this section, a game hunting offence means: 12 (a) any offence against this Act or the regulations, or 13 (b) any offence relating to hunting for game that causes the death 14 or injury of a person or damage to property, or that causes a risk 15 of any such death, injury or damage. 16 37 Rights of review 17 (1) A person who is dissatisfied with any of the following decisions under 18 this Act may apply to the Administrative Decisions Tribunal for a 19 review of the decision: 20 (a) the refusal to grant a game hunting licence to the person, 21 (b) the imposition of conditions on the person's game hunting 22 licence (otherwise than by regulation), 23 (c) the suspension or cancellation of the person's game hunting 24 licence (otherwise than by a court). 25 (2) For the purposes of this section, an application for the grant of a game 26 hunting licence is taken to have been refused if the licence is not 27 granted within 60 days (or such other period as is prescribed by the 28 regulations) after the application was duly made. 29 38 Regulations relating to licences 30 (1) The regulations may make provision for or with respect to game 31 hunting licences. 32 Page 21

Clause 38 Game Bill 2001 Part 3 Licensing and control of hunting for game animals Division 5 Provisions relating to game hunting licences (2) In particular, the regulations may make provision for or with respect 1 to the following: 2 (a) restrictions on the authority conferred by a particular type of 3 licence or class of licence, 4 (b) applications for licences, 5 (c) the eligibility of applicants (including age, qualifications, 6 knowledge, experience and training), 7 (d) the testing or examination of applicants or the holders of 8 licences to determine whether they are or continue to be eligible 9 to hold a licence, 10 (e) the grant of further licences after the expiry of licences, 11 (f) the replacement of licences that are lost, destroyed or defaced, 12 (g) registers of licences and information with respect to licences, 13 (h) the return of licences that require alteration or that are 14 suspended or cancelled, 15 (i) fees payable in connection with licences and applications for 16 licences. 17 Page 22

Game Bill 2001 Clause 39 Investigations Part 4 Appointment of inspectors Division 1 Part 4 Investigations 1 Division 1 Appointment of inspectors 2 39 Appointment of inspectors 3 (1) The Game Council may appoint as an inspector for the purposes of this 4 Act and the regulations any of the following persons: 5 (a) a member of staff of the Game Council, 6 (b) a statutory officer, public servant or person employed by a 7 public or local authority, 8 (c) a person belonging to a class of persons prescribed by the 9 regulations. 10 (2) The number of inspectors appointed by the Game Council is not to 11 exceed the number determined by the Minister. 12 (3) The Game Council may, in and by the instrument of the inspector's 13 appointment, limit the functions that an inspector may exercise under 14 this Act (including limiting the purposes for or area in which the 15 functions may be exercised). 16 40 Police officers to be inspectors 17 (1) A police officer may exercise the functions of an inspector under this 18 Act, and for that purpose is taken to be an inspector. 19 (2) A police officer is not subject to the control or direction of the Game 20 Council in the exercise of any such function. 21 41 Identification 22 (1) Every inspector (other than a police officer) is to be issued with an 23 identification card as an inspector by the Game Council. 24 (2) The identification card must: 25 (a) state that it is issued under this Act, and 26 (b) give the name of the person to whom it is issued, and 27 (c) state any limitation on the inspector's functions, and 28 Page 23

Clause 41 Game Bill 2001 Part 4 Investigations Division 1 Appointment of inspectors (d) state the date (if any) on which it expires, and 1 (e) bear the signature of the chief executive officer of the Game 2 Council. 3 42 Production of identification 4 (1) A power conferred on an inspector by this Part to enter premises, or to 5 search or take other action on premises, may not be exercised unless 6 the inspector proposing to exercise the power is in possession of the 7 identification card issued to the inspector and produces the 8 identification card if required to do so by the occupier of the premises. 9 (2) This section does not apply to a police officer or to a power conferred 10 by a search warrant. 11 43 Offence of impersonating an inspector 12 A person must not impersonate, or falsely represent that the person is, 13 an inspector. 14 Maximum penalty: 10 penalty units. 15 Division 2 Powers of inspectors 16 44 Definitions 17 (1) In this Division: 18 game hunting offence means an offence against this Act or the 19 regulations, and includes any such offence that there are reasonable 20 grounds for believing has been, or is to be, committed. 21 search includes examine or inspect. 22 (2) For the purposes of this Division, a thing is connected with a game 23 hunting offence if it is: 24 (a) a thing with respect to which the offence has been committed, 25 or 26 (b) a thing that will afford evidence of the commission of the 27 offence, or 28 (c) a thing that was used, or is intended to be used, for the purpose 29 of committing the offence. 30 Page 24

Game Bill 2001 Clause 45 Investigations Part 4 Powers of inspectors Division 2 45 Powers of entry 1 (1) For the purposes of this Act or the regulations, an inspector may enter 2 any premises in which the inspector has reason to believe: 3 (a) persons are hunting for game to which this Act applies, or 4 (b) there is anything connected with a game hunting offence. 5 (2) The inspector must give the occupier of the premises notice of 6 intention to enter the premises unless: 7 (a) the entry is made with the permission of the occupier, or 8 (b) the entry is made to a part of the premises open to the public, 9 or 10 (c) the giving of notice would defeat the purpose for which the 11 premises were entered or would unreasonably delay the 12 inspector in a case of urgency. 13 (3) Entry under the power conferred by this section may only be made at 14 a reasonable time in the daytime or at any hour when the inspector has 15 reason to believe that game is being hunted on the premises. This 16 subsection does not apply to a power conferred by a search warrant. 17 46 Use of force on entry 18 (1) Reasonable force may be used for the purpose of gaining entry to 19 premises under a power conferred by this Division, but only if 20 authorised by the Game Council in accordance with this section or in 21 cases of emergency. 22 (2) The authority of the Game Council: 23 (a) must be in writing, and 24 (b) must be given in respect of the particular entry concerned, and 25 (c) must specify the circumstances that are required to exist before 26 force may be used. 27 (3) This section does not apply to a power conferred by a search warrant 28 and does not affect section 17 of the Search Warrants Act 1985. 29 Page 25

Clause 47 Game Bill 2001 Part 4 Investigations Division 2 Powers of inspectors 47 Entry to premises used for residential purposes 1 The powers of entry conferred by this Division are not exercisable in 2 relation to any part of premises used only for residential purposes 3 except: 4 (a) with the permission of the occupier of the premises, or 5 (b) under the authority conferred by a search warrant. 6 48 Search warrant 7 (1) An inspector may apply to an authorised justice for a search warrant 8 if the inspector has reasonable grounds for believing that a provision 9 of this Act or the regulations has been or is being or is about to be 10 contravened in or about any premises. 11 (2) An authorised justice to whom an application is made under this 12 section may, if satisfied that there are reasonable grounds for doing so, 13 issue a search warrant authorising the inspector named in the warrant 14 to enter the premises and to search the premises for evidence of a 15 contravention of this Act or the regulations. 16 (3) Part 3 of the Search Warrants Act 1985 applies to a search warrant 17 issued under this section. 18 (4) In this section, authorised justice has the same meaning as it has in the 19 Search Warrants Act 1985. 20 49 General powers available on entry 21 For the purposes of this Act or the regulations, an inspector who enters 22 premises under this Division may do any of the following: 23 (a) search the premises for persons hunting for game or for 24 anything connected with a game hunting offence, 25 (b) require any person in or about those premises to answer 26 questions or otherwise furnish information, 27 (c) require the occupier of the premises to provide the inspector 28 with such assistance and facilities as is or are reasonably 29 necessary to enable the inspector to exercise the inspector's 30 functions, 31 Page 26

Game Bill 2001 Clause 49 Investigations Part 4 Powers of inspectors Division 2 (d) require the production of and inspect any documents in or about 1 those premises and take copies of or extracts from any such 2 documents, 3 (e) exercise all other functions that are conferred on an inspector 4 by this Act or the regulations. 5 50 Power to detain and search vehicles or vessels 6 (1) An inspector who has reason to believe that there is in or on a vehicle 7 or vessel anything connected with a game hunting offence may: 8 (a) stop and detain the vehicle or vessel, and 9 (b) enter and search the vehicle or vessel, and 10 (c) break open and search any container in or on the vehicle or 11 vessel that the inspector has reason to believe contains any such 12 thing. 13 (2) An inspector may require the person in charge of the vehicle or vessel 14 to take the vehicle or vessel to a specified place for the purposes of 15 searching the vehicle or vessel if it is not reasonably practicable to 16 carry out the search where the vehicle or vessel is stopped. 17 (3) An inspector may only exercise the power under this section of 18 requiring a vehicle to stop if accompanied by a police officer. 19 51 Power of seizure 20 (1) An inspector may seize anything that is found by the inspector in any 21 search under this Division and that the inspector has reason to believe 22 is connected with a game hunting offence. 23 (2) A power conferred by this section to seize a thing includes a power to 24 remove the thing from the place where it is found and a power to 25 guard the thing in or on the premises or to secure the thing from 26 interference. 27 (3) The State, the Game Council, an inspector and any other person are 28 not liable for any seizure under this section for which there was 29 reasonable cause. 30 (4) A court may order the forfeiture of a thing seized under this section in 31 connection with an offence if the court finds a person guilty of the 32 offence. A Local Court must not order the forfeiture of a thing unless 33 satisfied that the value of the thing does not exceed $10,000. 34 Page 27

Clause 51 Game Bill 2001 Part 4 Investigations Division 2 Powers of inspectors (5) The owner of anything seized under this section may dispute the 1 seizure by giving notice to that effect in writing to the Game Council 2 within 28 days after becoming aware of the seizure. 3 (6) If the seizure of a thing is so disputed by the owner, the thing is to be 4 returned to the owner (or the person from whom it was seized) unless: 5 (a) proceedings have been instituted for an offence in connection 6 with which the court may order the thing to be forfeited, or 7 (b) proceedings have been instituted under this section for the 8 forfeiture of the thing. 9 (7) An inspector may institute proceedings in the Local Court for the 10 forfeiture of a thing seized under this section and that court may order 11 the forfeiture of the thing if satisfied it was duly seized under this 12 section. 13 (8) Anything that is forfeited under this section (or the proceeds of its sale) 14 becomes the property of the State. 15 52 Power of inspectors to obtain information, documents and evidence 16 (1) An inspector may, by notice in writing served on a person, require the 17 person to do any one or more of the following things if the inspector 18 has reasonable grounds to believe that the person is capable of giving 19 information, producing documents or giving evidence in relation to a 20 possible game hunting offence: 21 (a) to give an inspector, in writing signed by the person (or, in the 22 case of a body corporate, by a competent officer of the body 23 corporate) and within the time and in the manner specified in 24 the notice, any such information of which the person has 25 knowledge, 26 (b) to produce to an inspector, in accordance with the notice, any 27 such documents. 28 (2) A notice under this section must contain a warning that a failure to 29 comply with the notice is an offence. 30 (3) An inspector may inspect a document produced in response to a notice 31 under this section and may make copies of, or take extracts from, the 32 document. 33 Page 28

Game Bill 2001 Clause 52 Investigations Part 4 Powers of inspectors Division 2 (4) An inspector may take possession, and retain possession for as long as 1 is necessary for the purposes of this Act, of a document produced in 2 response to a notice under this section if the person otherwise entitled 3 to possession of the document is supplied, as soon as practicable, with 4 a copy certified by an inspector to be a true copy. 5 (5) A certified copy provided under subsection (4) is receivable in all 6 courts as if it were the original. 7 (6) Until a certified copy of a document is provided under subsection (4), 8 the inspector who has possession of the document must, at such times 9 and places as the inspector thinks appropriate, permit the person 10 otherwise entitled to possession of the document, or a person 11 authorised by that person, to inspect the document and make copies of, 12 or take extracts from, the document. 13 53 Power of inspector to demand name and address and to demand game 14 hunting licence 15 (1) An inspector may require a person whom the inspector reasonably 16 suspects has committed a game hunting offence to state the person's 17 full name and residential address. 18 (2) An inspector may require a person whom the inspector reasonably 19 suspects is engaged in hunting for game for which a game licence is 20 required to produce the licence to the inspector for inspection. 21 (3) A person does not commit an offence under section 56 in respect of a 22 requirement made under this section if: 23 (a) the inspector does not, at the time when the inspector makes the 24 requirement, show the person the inspector's identification card, 25 or 26 (b) the inspector does not, at the time when the inspector makes the 27 requirement, warn the person that it would be an offence not to 28 comply with the requirement. 29 54 Protection from incrimination 30 (1) Self-incrimination not an excuse 31 A person is not excused from a requirement under this Division to 32 make a statement, to give or furnish information, to answer a question 33 or to produce a document on the ground that the statement, 34 information, answer or document might incriminate the person or 35 make the person liable to a penalty. 36 Page 29

Clause 54 Game Bill 2001 Part 4 Investigations Division 2 Powers of inspectors (2) Statement, information or answer not admissible if objection made 1 However, any statement made or any information or answer given or 2 furnished by a natural person in compliance with a requirement under 3 this Division is not admissible in evidence against the person in 4 criminal proceedings (except proceedings for an offence under this 5 Division) if: 6 (a) the person objected at the time to doing so on the ground that 7 it might incriminate the person, or 8 (b) the person was not warned on that occasion that the person may 9 object to making the statement or giving or furnishing the 10 information or answer on the ground that it might incriminate 11 the person. 12 (3) Documents admissible 13 Any document produced by a person in compliance with a requirement 14 under this Division is not inadmissible in evidence against the person 15 in criminal proceedings on the ground that the document might 16 incriminate the person. 17 (4) Further information 18 Further information obtained as a result of a document produced, a 19 statement made or information or answer given or furnished in 20 compliance with a requirement under this Division is not inadmissible 21 on the ground: 22 (a) that the document, statement, information or answer had to be 23 produced, made, given or furnished, or 24 (b) that the document, statement, information or answer might 25 incriminate the person. 26 55 Inspector may request assistance 27 (1) A police officer may accompany and take all reasonable steps to assist 28 an inspector in the exercise of the inspector's functions under this 29 Division: 30 (a) in executing a search warrant issued under section 48, or 31 (b) if the inspector reasonably believes that he or she may be 32 obstructed in the exercise of those functions. 33 (2) Any person whom an inspector believes to be capable of providing 34 assistance in the exercise of the inspector's functions under this 35 Division may accompany the inspector and take all reasonable steps to 36 assist the inspector in the exercise of the inspector's functions. 37 Page 30

Game Bill 2001 Clause 55 Investigations Part 4 Powers of inspectors Division 2 (3) Nothing in subsection (1) is to be taken to limit the generality of 1 section 18 of the Search Warrants Act 1985. 2 56 Offences 3 A person must not: 4 (a) without reasonable excuse, refuse or fail to comply with a 5 requirement made or to answer a question of an inspector asked 6 in accordance with this Division, or 7 (b) in purported compliance with a requirement under this 8 Division, or in answer to a question of an inspector asked in 9 accordance with this Division, give or furnish information or 10 evidence or produce a document knowing it to be false or 11 misleading in a material particular, or 12 (c) obstruct, hinder or impede an inspector in the exercise of the 13 inspector's functions under this Act. 14 Maximum penalty: 50 penalty units. 15 57 Care to be taken 16 In the exercise of a function under this Division, an inspector must do 17 as little damage as possible. 18 58 Compensation 19 The Game Council must pay compensation for any loss or damage 20 caused by any inspector in the exercise of any power to enter premises 21 under this Division, but not if that loss or damage is caused because 22 the occupier obstructed, hindered or restricted the inspector in the 23 exercise of the power of entry. 24 Page 31

Clause 59 Game Bill 2001 Part 5 Miscellaneous Part 5 Miscellaneous 1 59 Crown not bound 2 This Act does not bind the Crown in any capacity. 3 Note. See also section 18 for exemption from licensing etc of government and 4 other employees. 5 60 Native title rights and interests 6 This Act does not affect the operation of the Native Title Act 1993 of 7 the Commonwealth or the Native Title (New South Wales) Act 1994 in 8 respect of the recognition of native title rights and interests within the 9 meaning of the Commonwealth Act or in any other respect. 10 61 Summary proceedings for offences 11 Proceedings for an offence under this Act or the regulations may be 12 dealt with summarily before a Local Court constituted by a Magistrate 13 sitting alone. 14 62 Penalty notices for certain offences 15 (1) An authorised officer may serve a penalty notice on a person if it 16 appears to the officer that the person has committed an offence under 17 this Act or the regulations, being an offence prescribed by the 18 regulations. 19 (2) A penalty notice is a notice to the effect that, if the person served does 20 not wish to have the matter dealt with by a court, the person may pay, 21 within the time and to the person specified in the notice, the amount 22 of penalty prescribed by the regulations for the offence if dealt with 23 under this section. 24 (3) A penalty notice may be served personally or by post. 25 (4) If the amount of penalty prescribed for an alleged offence is paid under 26 this section, no person is liable to any further proceedings for the 27 alleged offence. 28 (5) Payment under this section is not to be regarded as an admission of 29 liability for the purpose of, nor in any way as affecting or prejudicing, 30 any civil claim, action or proceedings arising out of the same 31 occurrence. 32 Page 32

Game Bill 2001 Clause 62 Miscellaneous Part 5 (6) The regulations may: 1 (a) prescribe an offence for the purposes of this section by 2 specifying the offence or by referring to the provision creating 3 the offence, and 4 (b) prescribe the amount of penalty payable for the offence if dealt 5 with under this section, and 6 (c) prescribe different amounts of penalties for different offences 7 or classes of offences. 8 (7) The amount of a penalty prescribed under this section for an offence 9 must not exceed the maximum amount of penalty which could be 10 imposed for the offence by a court. 11 (8) This section does not limit the operation of any other provision of, or 12 made under, this or any other Act relating to proceedings which may 13 be taken in respect of offences. 14 (9) In this section: 15 authorised officer means: 16 (a) an inspector, or 17 (b) a person declared by the regulations to be an authorised officer 18 for the purposes of this section. 19 63 Evidentiary statements 20 In a prosecution for an offence against this Act or the regulations, a 21 statement, purporting to be signed by the chief executive officer of the 22 Game Council or other prescribed person, relating to: 23 (a) a licence issued under this Act, or 24 (b) any other prescribed matter contained in a prescribed official 25 document relating to the administration of this Act, 26 and certifying that the contents of the statement are in accordance with 27 the particulars contained in the document, is admissible in any 28 proceedings and is evidence of the matters contained in the statement 29 without proof of the signature of the person by whom the statement 30 purports to have been signed. 31 Page 33

Clause 64 Game Bill 2001 Part 5 Miscellaneous 64 Onus of proof concerning reasonable excuse 1 In any proceedings for an offence against a provision of this Act or the 2 regulations, the onus of proving that a person had a reasonable excuse 3 (as referred to in the provision) lies with the defendant. 4 65 Regulations 5 (1) The Governor may make regulations, not inconsistent with this Act, for 6 or with respect to any matter that by this Act is required or permitted 7 to be prescribed or that is necessary or convenient to be prescribed for 8 carrying out or giving effect to this Act. 9 (2) The regulations may apply, adopt or incorporate any publication as in 10 force at a particular time or from time to time. 11 (3) The regulations may create offences punishable by a penalty not 12 exceeding 10 penalty units. 13 66 Notes 14 Notes in the text of this Act do not form part of this Act. 15 67 Amendment of other Acts 16 The Acts specified in Schedule 3 are amended as set out in that 17 Schedule. 18 68 Savings, transitional and other provisions 19 Schedule 4 has effect. 20 69 Review of Act 21 (1) The Minister is to review this Act to determine whether the policy 22 objectives of the Act remain valid and whether the terms of the Act 23 remain appropriate for securing those objectives. 24 (2) The review is to be undertaken as soon as possible after the period of 25 5 years from the date of assent to this Act. 26 (3) A report on the outcome of the review is to be tabled in each House of 27 Parliament within 12 months after the end of the period of 5 years. 28 Page 34

Game Bill 2001 Provisions relating to members and procedure of Game Council Schedule 1 Schedule 1 Provisions relating to members and 1 procedure of Game Council 2 (Section 8) 3 Part 1 Preliminary 4 1 Definitions 5 In this Schedule: 6 Chairperson means the Chairperson of the Game Council. 7 member means any member of the Game Council. 8 Part 2 Members 9 2 Nomination of members 10 (1) If the nomination of a person for appointment as a member (or the 11 nomination of a panel of persons from which a member is to be 12 appointed) is not made within the time and in the manner directed by 13 the Minister, the Minister may appoint a person to be a member 14 instead of the person required to be appointed on that nomination (or 15 from a panel so nominated). 16 (2) A person so appointed is taken to have been duly nominated for 17 appointment. 18 3 Terms of office of members 19 Subject to this Schedule, a member holds office for such period (not 20 exceeding 3 years) as is specified in the member's instrument of 21 appointment, but is eligible (if otherwise qualified) for re-appointment. 22 4 Chairperson 23 (1) One of the members appointed on the nomination of hunting 24 organisations under section 8 (2) (a) is to be appointed by the Minister 25 as Chairperson of the Game Council. 26 Page 35

Game Bill 2001 Schedule 1 Provisions relating to members and procedure of Game Council (2) The appointment may be made in and by the member's instrument of 1 appointment as a member or by a subsequent instrument executed by 2 the Minister. 3 (3) The Minister may remove a member from office as Chairperson at any 4 time. 5 (4) A member who is a member and Chairperson vacates office as 6 Chairperson if the person: 7 (a) is removed from that office by the Minister, or 8 (b) resigns that office by instrument in writing addressed to the 9 Minister, or 10 (c) ceases to be a member. 11 5 Deputies 12 (1) The Minister may, from time to time, appoint a person to be the deputy 13 of a member, and the Minister may revoke any such appointment. The 14 Minister may authorise the Game Council to appoint a deputy under 15 this subclause for the purposes of a particular meeting of the Game 16 Council. 17 (2) In the absence of a member, the member's deputy may, if available, act 18 in the place of the member. 19 (3) While acting in the place of a member, a person: 20 (a) has all the functions of the member and is taken to be a 21 member, and 22 (b) is entitled to be paid such remuneration (including travelling 23 and subsistence allowances) as the Minister may from time to 24 time determine in respect of the person. 25 (4) For the purposes of this clause, a vacancy in the office of a member is 26 taken to be an absence of the member. 27 (5) For the purposes of this clause, the functions of a member do not 28 include the member's functions as a member of the Committee of 29 Management, unless the Minister otherwise directs. 30 6 Remuneration 31 A member is entitled to be paid such remuneration (including 32 travelling and subsistence allowances) as the Minister may from time 33 to time determine in respect of the member. 34 Page 36

Game Bill 2001 Provisions relating to members and procedure of Game Council Schedule 1 7 Vacancy in office of member 1 (1) The office of a member becomes vacant if the member: 2 (a) dies, or 3 (b) completes a term of office and is not re-appointed, or 4 (c) resigns the office by instrument in writing addressed to the 5 Minister, or 6 (d) is removed from office by the Minister under this clause, or 7 (e) is absent from 3 consecutive meetings of the Games Council of 8 which reasonable notice has been given to the member 9 personally or by post, except on leave granted by the Minister 10 or unless the member is excused by the Minister for having 11 been absent from those meetings, or 12 (f) becomes bankrupt, applies to take the benefit of any law for the 13 relief of bankrupt or insolvent debtors, compounds with his or 14 her creditors or makes an assignment of his or her remuneration 15 for their benefit, or 16 (g) becomes a mentally incapacitated person, or 17 (h) is convicted in New South Wales of an offence that is 18 punishable by imprisonment for 12 months or more or is 19 convicted elsewhere than in New South Wales of an offence 20 that, if committed in New South Wales, would be an offence so 21 punishable. 22 (2) The Minister may at any time remove a member from office. 23 8 Filling of vacancy in office of member 24 If the office of any member becomes vacant, a person is, subject to this 25 Act, to be appointed to fill the vacancy. 26 9 Disclosure of pecuniary interests 27 (1) If: 28 (a) a member has a direct or indirect pecuniary interest in a matter 29 being considered or about to be considered at a meeting of the 30 Game Council, and 31 (b) the interest appears to raise a conflict with the proper 32 performance of the member's duties in relation to the 33 consideration of the matter, 34 Page 37

Game Bill 2001 Schedule 1 Provisions relating to members and procedure of Game Council the member must, as soon as possible after the relevant facts have 1 come to the member's knowledge, disclose the nature of the interest at 2 a meeting of the Game Council. 3 (2) A disclosure by a member at a meeting of the Game Council that the 4 member: 5 (a) is a member, or is in the employment, of a specified company 6 or other body, or 7 (b) is a partner, or is in the employment, of a specified person, or 8 (c) has some other specified interest relating to a specified 9 company or other body or to a specified person, 10 is a sufficient disclosure of the nature of the interest in any matter 11 relating to that company or other body or to that person which may 12 arise after the date of the disclosure and which is required to be 13 disclosed under subclause (1). 14 (3) Particulars of any disclosure made under this clause must be recorded 15 by the Game Council in a book kept for the purpose and that book 16 must be open at all reasonable hours to inspection by any person on 17 payment of the fee determined by the Game Council. 18 (4) After a member has disclosed the nature of an interest in any matter, 19 the member must not, unless the Minister or the Game Council 20 otherwise determines: 21 (a) be present during any deliberation of the Game Council with 22 respect to the matter, or 23 (b) take part in any decision of the Game Council with respect to 24 the matter. 25 (5) For the purposes of the making of a determination by the Game 26 Council under subclause (4), a member who has a direct or indirect 27 pecuniary interest in a matter to which the disclosure relates must not: 28 (a) be present during any deliberation of the Game Council for the 29 purpose of making the determination, or 30 (b) take part in the making by the Game Council of the 31 determination. 32 (6) A contravention of this clause does not invalidate any decision of the 33 Game Council. 34 Page 38

Game Bill 2001 Provisions relating to members and procedure of Game Council Schedule 1 (7) For the purposes of this clause, a member does not have a pecuniary 1 interest in a matter merely because the member is a member of a 2 hunting club or organisation. 3 10 Effect of certain other Acts 4 (1) Part 2 of the Public Sector Management Act 1988 does not apply to or 5 in respect of the appointment of a member. 6 (2) If by or under any Act provision is made: 7 (a) requiring a person who is the holder of a specified office to 8 devote the whole of his or her time to the duties of that office, 9 or 10 (b) prohibiting the person from engaging in employment outside 11 the duties of that office, 12 the provision does not operate to disqualify the person from holding 13 that office and also the office of a member or from accepting and 14 retaining any remuneration payable to the person under this Act as a 15 member. 16 11 Personal liability 17 A matter or thing done or omitted to be done by the Game Council, a 18 member of the Game Council or a person acting under the direction of 19 the Game Council does not, if the matter or thing was done or omitted 20 to be done in good faith for the purposes of executing this or any other 21 Act, subject a member or a person so acting personally to any action, 22 liability, claim or demand. 23 Part 3 Procedure 24 12 General procedure 25 The procedure for the calling of meetings of the Game Council and for 26 the conduct of business at those meetings is, subject to this Act and the 27 regulations, to be as determined by the Game Council. 28 13 Quorum 29 The quorum for a meeting of the Game Council is 8 members. 30 Page 39

Game Bill 2001 Schedule 1 Provisions relating to members and procedure of Game Council 14 Presiding member 1 (1) The Chairperson or, in the absence of the Chairperson, another 2 member elected to chair the meeting by the members present is to 3 preside at a meeting of the Game Council. 4 (2) The presiding member has a deliberative vote and, in the event of an 5 equality of votes, has a second or casting vote. 6 15 Voting 7 A decision supported by a majority of the votes cast at a meeting of the 8 Game Council at which a quorum is present is the decision of the 9 Game Council. 10 16 Transaction of business outside meetings or by telephone 11 (1) The Game Council may, if it thinks fit, transact any of its business by 12 the circulation of papers among all the members of the Game Council 13 for the time being, and a resolution in writing approved in writing by 14 a majority of those members is taken to be a decision of the Game 15 Council. 16 (2) The Game Council may, if it thinks fit, transact any of its business at 17 a meeting at which members (or some members) participate by 18 telephone, closed-circuit television or other means, but only if any 19 member who speaks on a matter before the meeting can be heard by 20 the other members. 21 (3) For the purposes of: 22 (a) the approval of a resolution under subclause (1), or 23 (b) a meeting held in accordance with subclause (2), 24 the Chairperson and each member have the same voting rights as they 25 have at an ordinary meeting of the Game Council. 26 (4) A resolution approved under subclause (1) is, subject to the 27 regulations, to be recorded in the minutes of the meetings of the Game 28 Council. 29 (5) Papers may be circulated among the members for the purposes of 30 subclause (1) by facsimile or other transmission of the information in 31 the papers concerned. 32 Page 40

Game Bill 2001 Provisions relating to members and procedure of Game Council Schedule 1 17 Frequency of meetings 1 The Game Council is to meet at least twice each year. 2 18 First meeting 3 The Minister may call the first meeting of the Game Council in such 4 manner as the Minister thinks fit. 5 Page 41

Game Bill 2001 Schedule 2 Provisions relating to members and procedure of Committee of Management Schedule 2 Provisions relating to members and 1 procedure of Committee of Management 2 (Section 10) 3 1 Definitions 4 In this Schedule: 5 appointed member means any member other than the chief executive 6 officer of the Game Council. 7 Chairperson means the Chairperson of the Game Council and the 8 Committee of Management. 9 member means any member of the Committee of Management. 10 2 Disclosure of pecuniary interests 11 (1) If: 12 (a) a member has a direct or indirect pecuniary interest in a matter 13 being considered or about to be considered at a meeting of the 14 Committee of Management, and 15 (b) the interest appears to raise a conflict with the proper 16 performance of the member's duties in relation to the 17 consideration of the matter, 18 the member must, as soon as possible after the relevant facts have 19 come to the member's knowledge, disclose the nature of the interest at 20 a meeting of the Committee of Management. 21 (2) A disclosure by a member at a meeting of the Committee of 22 Management that the member: 23 (a) is a member, or is in the employment, of a specified company 24 or other body, or 25 (b) is a partner, or is in the employment, of a specified person, or 26 (c) has some other specified interest relating to a specified 27 company or other body or to a specified person, 28 is a sufficient disclosure of the nature of the interest in any matter 29 relating to that company or other body or to that person which may 30 arise after the date of the disclosure and which is required to be 31 disclosed under subclause (1). 32 Page 42

Game Bill 2001 Provisions relating to members and procedure of Committee of Schedule 2 Management (3) Particulars of any disclosure made under this clause must be recorded 1 by the Committee of Management in a book kept for the purpose and 2 that book must be open at all reasonable hours to inspection by any 3 person on payment of the fee determined by the Committee of 4 Management. 5 (4) After a member has disclosed the nature of an interest in any matter, 6 the member must not, unless the Minister, the Game Council or the 7 Committee of Management otherwise determines: 8 (a) be present during any deliberation of the Committee of 9 Management with respect to the matter, or 10 (b) take part in any decision of the Committee of Management with 11 respect to the matter. 12 (5) For the purposes of the making of a determination by the Committee 13 of Management under subclause (4), a member who has a direct or 14 indirect pecuniary interest in a matter to which the disclosure relates 15 must not: 16 (a) be present during any deliberation of the Committee of 17 Management for the purpose of making the determination, or 18 (b) take part in the making by the Committee of Management of 19 the determination. 20 (6) A contravention of this clause does not invalidate any decision of the 21 Committee of Management. 22 3 Personal liability 23 A matter or thing done or omitted to be done by the Committee of 24 Management, a member of the Committee of Management or a person 25 acting under the direction of the Committee of Management does not, 26 if the matter or thing was done or omitted to be done in good faith for 27 the purposes of executing this or any other Act, subject a member or 28 a person so acting personally to any action, liability, claim or demand. 29 4 General procedure 30 The procedure for the calling of meetings of the Committee of 31 Management and for the conduct of business at those meetings is, 32 subject to this Act and the regulations, to be as determined by the 33 Committee of Management. 34 Page 43

Game Bill 2001 Schedule 2 Provisions relating to members and procedure of Committee of Management 5 Quorum 1 The quorum for a meeting of the Committee of Management is 2 4 members. 3 6 Presiding member 4 (1) The Chairperson or, in the absence of the Chairperson, another 5 member elected to chair the meeting by the members present is to 6 preside at a meeting of the Committee of Management. 7 (2) The presiding member has a deliberative vote and, in the event of an 8 equality of votes, has a second or casting vote. 9 7 Voting 10 A decision supported by a majority of the votes cast at a meeting of the 11 Committee of Management at which a quorum is present is the 12 decision of the Committee of Management. 13 8 Transaction of business outside meetings or by telephone 14 (1) The Committee of Management may, if it thinks fit, transact any of its 15 business by the circulation of papers among all the members of the 16 Committee of Management for the time being, and a resolution in 17 writing approved in writing by a majority of those members is taken 18 to be a decision of the Committee of Management. 19 (2) The Committee of Management may, if it thinks fit, transact any of its 20 business at a meeting at which members (or some members) 21 participate by telephone, closed-circuit television or other means, but 22 only if any member who speaks on a matter before the meeting can be 23 heard by the other members. 24 (3) For the purposes of: 25 (a) the approval of a resolution under subclause (1), or 26 (b) a meeting held in accordance with subclause (2), 27 the Chairperson and each member have the same voting rights as they 28 have at an ordinary meeting of the Committee of Management. 29 (4) A resolution approved under subclause (1) is, subject to the 30 regulations, to be recorded in the minutes of the meetings of the 31 Committee of Management. 32 Page 44

Game Bill 2001 Provisions relating to members and procedure of Committee of Schedule 2 Management (5) Papers may be circulated among the members for the purposes of 1 subclause (1) by facsimile or other transmission of the information in 2 the papers concerned. 3 9 First meeting 4 The Game Council may call the first meeting of the Committee of 5 Management in such manner as the Game Council thinks fit. 6 Page 45

Game Bill 2001 Schedule 3 Amendment of other Acts Schedule 3 Amendment of other Acts 1 (Section 67) 2 3.1 Fines Act 1996 No 99 3 Schedule 1 Statutory provisions under which penalty notices 4 issued 5 Insert in alphabetical order: 6 Game Act 2001, section 62 7 3.2 Forestry Act 1916 No 55 8 [1] Section 32B Hunting permits 9 Omit the section. 10 [2] Section 32C Offences relating to hunting and using firearms etc 11 Omit ", occupation or hunting permit under this Act" from section 12 32C (3) (a). 13 Insert instead "or occupation permit under this Act, a restricted game 14 hunting licence under the Game Act 2001". 15 3.3 Public Finance and Audit Act 1983 No 152 16 Schedule 2 Statutory bodies 17 Insert in alphabetical order: 18 Game Council of New South Wales 19 Page 46

Game Bill 2001 Amendment of other Acts Schedule 3 3.4 Rural Lands Protection Act 1998 No 143 1 Section 144 When can a pest control order be made? 2 Insert after section 144 (2): 3 (3) The Minister must consult with the Game Council of New 4 South Wales before making a pest control order declaring a 5 game animal that is not a pest animal (within the meaning of 6 the Game Act 2001) to be a pest. 7 3.5 Search Warrants Act 1985 No 37 8 Section 10 Definitions 9 Insert in alphabetical order of Acts in the definition of search warrant: 10 section 48 of the Game Act 2001, 11 Page 47

Game Bill 2001 Schedule 4 Savings, transitional and other provisions Schedule 4 Savings, transitional and other provisions 1 (Section 68) 2 Part 1 Regulations 3 1 Regulations 4 (1) The regulations may contain provisions of a savings or transitional 5 nature consequent on the enactment of the following Acts: 6 this Act 7 (2) Any such provision may, if the regulations so provide, take effect from 8 the date of assent to the Act concerned or a later date. 9 (3) To the extent to which any such provision takes effect from a date that 10 is earlier than the date of its publication in the Gazette, the provision 11 does not operate so as: 12 (a) to affect, in a manner prejudicial to any person (other than the 13 State or an authority of the State), the rights of that person 14 existing before the date of its publication, or 15 (b) to impose liabilities on any person (other than the State or an 16 authority of the State) in respect of anything done or omitted to 17 be done before the date of its publication. 18 Part 2 Provisions consequent on enactment of this Act 19 2 Saving of hunting permits under Forestry Act 1916 20 (1) In this clause, existing hunting permit means a hunting permit issued 21 under section 32B of the Forestry Act 1916 that is in force on the 22 repeal of that section by this Act. 23 (2) An existing hunting permit continues, until it ceases to be in force, to 24 confer the same authority for the purposes of the Forestry Act 1916 as 25 the authority conferred by the permit under section 32B of that Act 26 immediately before the repeal of that section by this Act. 27 Page 48

Game Bill 2001 Savings, transitional and other provisions Schedule 4 (3) An existing hunting permit is, except as provided by the regulations 1 under this Schedule, taken to be a restricted game hunting licence 2 granted under this Act, but only in respect of the hunting of game 3 animals on land for which it was granted. 4 3 Saving of licences etc granted under NPW Act 5 The enactment of this Act does not affect any licence or other authority 6 granted under the National Parks and Wildlife Act 1974. 7 Page 49

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