(2) A person who, without reasonable excuse (proof of which lies on
the person) enters private land and hunts for any animal on the land, without
the consent of the owner or occupier of the land, is guilty of an offence.
:
Maximum penalty--20 penalty units or imprisonment for 12 months, or both.
(3)
Without limiting subsection (2), a person is taken to have reasonable excuse
for the purposes of that section if--
(a) the person did not know that the
land was private land, or
(b) the person is an Aboriginal person--
(i) who is
a member, or in the company of a member, of a Local Aboriginal Land Council
and who is undertaking traditional cultural hunting within the area of the
Council in accordance with a permit issued under section 48 of the
Aboriginal Land Rights Act 1983 , or
(ii) who enters the land and hunts an
animal pursuant to a native title right or interest that is the subject of an
approved determination of native title or of a registered native title claim,
or
(c) the land is land to which an emergency order, control order or
biosecurity zone regulation under the Biosecurity Act 2015 applies and the
person enters the land and huntsanimals--
(i) in accordance with a duty
imposed on the person by that order or regulation, or
(ii) under section 59,
76 or 88 of that Act, or
(d) the person is of a class, or enters the land and
hunts in the circumstances, prescribed by the regulations.
