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PARLIAMENT OF VICTORIA
Wildlife (Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENTS TO THE WILDLIFE ACT 1975 3
3. Principal Act 3
4. Insertion of new section 1A 3
1A. Purposes 3
5. Definitions 3
6. Repeal of sections 4, 4A, 5, 6 and 7 5
7. Interference with flow of water in State Wildlife Reserve etc. 5
8. Wildlife licences 5
9. Game licences 6
10. Circumstances in which Secretary may refuse to issue or renew a
licence 8
11. Surrender of licence 9
12. Insertion of new sections 25A to 25E and repeal of section 26 9
25A. Mandatory cancellation of licences 9
25B. Power of Secretary to suspend licence 10
25C. Making submissions on suspension 11
25D. Power of the Secretary to cancel a licence 11
13. Insertion of new Part IIIA 12
PART IIIA--AUTHORISATIONS 12
28A. Authorisation to take etc. wildlife 12
28B. Offence of failing to comply with conditions of
authorisation 14
28C. Duration and renewal of authorisation 14
28D. Suspension of authorisation 15
28E. Making submissions on suspension 15
28F. Cancellation of authorisation 16
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Clause Page
14. Substitution of sections 41 to 47 17
41. Hunting, taking or destroying endangered wildlife 17
42. Hunting, taking or destroying notable wildlife 17
43. Hunting, taking or destroying protected wildlife 18
44. Hunting, taking or destroying game 18
45. Acquiring etc. endangered wildlife 19
46. Acquiring etc. notable wildlife 20
47. Acquiring etc. protected wildlife 21
47A. Exemptions from sections 41, 42, 43, 44, 45, 46 and 47 22
47B. Declaration of endangered and notable wildlife 22
47C. Employees of licence holders 22
47D. Wildlife unlawfully taken 23
47E. Exemption from definition of prohibited person in
Firearms Act 1996 23
15. Insertion of new sections 48 to 48C 24
48. Offence for dogs or cats to attack etc. wildlife 24
48A. Seizure of dogs or cats 24
48B. Owner to be notified 25
48C. Recovery or disposal of animal 25
16. Import and export permits 25
17. Interference with marks on wildlife 26
18. Increase in penalty for poisoning wildlife 27
19. Molesting etc. protected wildlife 27
20. Insertion of new sections 58A to 58E 27
58A. Keeping false records 27
58B. Providing false information 27
58C. Offence for certain persons to enter on or remain in
specified hunting area 28
58D. Offence to approach a person who is hunting 29
58E. Hindering or obstructing hunting 29
21. Powers of authorised officers 29
22. Insertion of new sections 59A to 59F 31
59A. Searches of personal property 31
59B. Searches of vehicles and boats 32
59C. Search warrant for evidence of offence 33
59D. Announcement before entry 35
59E. Copy of warrant to be given to occupier 35
59F. Occupier entitled to be present during search 36
23. Powers of seizure 36
24. Insertion of new sections 60B to 60E 37
60B. Requirements as to taking samples, seizing 38
60C. Samples 38
60D. Retention notices 38
60E. Evidentiary provisions relating to retention notices 39
25. Directions of authorised officer 40
26. Insertion of new sections 63, 64 and 65 41
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Clause Page
63. Authorised officers do not commit offences in certain
circumstances 41
64. Statements of the Secretary as evidence 41
65. Eggs presumed to be endangered wildlife 42
27. Simplification of proof 42
28. Amendment of section 70 42
29. Insertion of new sections 70A 43
70A. Disposal of seized things 43
30. Whales--Definitions 44
31. Whales--Offences 44
32. Permit to carry out tourist activities 44
33. Conditions of permits 45
34. Offence to breach conditions of permit 46
35. Insertion of new sections 81 to 81D 46
81. Power of authorised officer to give directions 46
81A. Variation of permits 46
81B. Suspension of permits 47
81C. Making submissions on suspension 47
81D. Power of Secretary to cancel permit 48
36. Whales--Public notices 49
37. Repeal of section 83 50
38. Regulations 50
39. Insertion of new sections 86B and 86C 51
86B. Time for bringing proceedings 51
86C. Review of decisions 51
40. Regulations 52
41. Insertion of new Part XII 55
PART XII--TRANSITIONAL 55
88. Permits and authorities 55
89. Conditions on licences etc. 56
42. Consequential amendments 56
PART 3--AMENDMENTS TO THE CONSERVATION, FORESTS
AND LANDS ACT 1987 57
43. Principal Act 57
44. Appointment of authorised officers 57
45. Insertion of new section 88A 57
88A. Certificates of identification 57
__________________
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Clause Page
SCHEDULE--Consequential Amendments to the Wildlife Act 1975 59
NOTES 66
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PARLIAMENT OF VICTORIA
Initiated in Assembly 16 September 1997
As amended by Assembly 16 October 1997
A BILL
to amend the Wildlife Act 1975, the Conservation, Forests and
Lands Act 1987 and for other purposes.
Wildlife (Amendment) Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make various
amendments to the Wildlife Act 1975 and the
5 Conservation, Forests and Lands Act 1987.
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s. 2
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2. Commencement
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
5 (2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 1998, it
10 comes into operation on that day.
_______________
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Wildlife (Amendment) Act 1997
s. 3
Act No.
PART 2--AMENDMENTS TO THE WILDLIFE ACT 1975
No 8699.
3. Principal Act
Reprint No. 5
In this Part the Wildlife Act 1975 is called the as at 14
November
Principal Act. 1996. Further
amended by
Acts Nos
70/1990,
92/1995,
35/1996 and
66/1996.
5 4. Insertion of new section 1A
After section 1 of the Principal Act insert--
"1A. Purposes
The purposes of this Act are--
(a) to establish procedures in order to
10 promote--
(i) the protection and conservation of
wildlife; and
(ii) the prevention of taxa of wildlife
from becoming extinct; and
15 (iii) the sustainable use of and access
to wildlife; and
(b) to prohibit and regulate the conduct of
persons engaged in activities
concerning or related to wildlife.".
20 5. Definitions
(1) In section 3(1) of the Principal Act--
(a) insert the following definitions--
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' "endangered wildlife" means wildlife
declared by proclamation of the
Governor in Council under section
47B(1) to be endangered wildlife;
5 "firearm" has the same meaning as in the
Firearms Act 1996;
"hunt" includes pursue, trail, stalk, search
for or drive out an animal;
"member of the police force" has the same
10 meaning as "member of the force" in
the Police Regulation Act 1958;
"notable wildlife" means wildlife declared
by proclamation of the Governor in
Council under section 47B(2) to be
15 notable wildlife;
"Secretary" means the body corporate
established by Part 2 of the
Conservation, Forests and Lands
Act 1987;
20 "specified hunting area" means an area
declared to be a specified hunting area
by regulation under section 58C(2);
"structure" includes a hide or blind or other
similar structure erected for the purpose
25 of facilitating the hunting, watching or
taking of wildlife;
"taxon" means any species, sub-species,
hybrid, genetic grouping or other
taxonomic group of any rank into
30 which organisms are categorised;
"wildlife licence" means a wildlife licence
issued under section 22;';
(b) the definition of "Director-General" is
repealed; and
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(c) in paragraph (i) of the definition of
"protected wildlife", for "if a pest animal"
substitute "is a pest animal"; and
(d) in paragraph (a) of the definition of
5 "wildlife" after "waters" insert ", whether or
not it occurs elsewhere".
(2) In section 3(4) of the Principal Act--
(a) after "organs," insert "blood, tissue"; and
(b) after "eggs" insert "or any part of the eggs".
10 (3) After section 3(4) of the Principal Act, insert--
"(5) The Governor in Council may, by
proclamation published in the Government
Gazette, declare any taxon of animal to be
wildlife for the purposes of this Act.".
15 6. Repeal of sections 4, 4A, 5, 6 and 7
Sections 4, 4A, 5, 6 and 7 of the Principal Act are
repealed.
7. Interference with flow of water in State Wildlife
Reserve etc.
20 In section 21(2) of the Principal Act, after "Any
person" insert ", other than a person authorised
under the Water Act 1989 to do so,".
8. Wildlife licences
(1) In section 22 of the Principal Act, for sub-sections
25 (1) and (2) substitute--
"(1) The Secretary may licence a person to do all
or any of the following--
(a) take or destroy wildlife;
(b) buy, sell, acquire, receive, dispose of,
30 keep, possess, control, breed, process or
display wildlife.".
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(2) In section 22(3) of the Principal Act--
(a) in paragraph (b), for sub-paragraph (ii)
substitute--
"(ii) that the Secretary imposes on the
5 licence or on that category of licence;
and"; and
(b) at the end of paragraph (b) insert--
"(c) is subject to the condition that the
holder of the licence must allow
10 inspection by an authorised officer, at
any reasonable time, of any dwelling
house specified in the licence for the
purpose of monitoring compliance with
this Act, the regulations or the
15 conditions of the licence.".
(3) In section 22 of the Principal Act, after sub-
section (3) insert--
"(3A) If the regulations vary the conditions,
limitations or restrictions on wildlife licences
20 or a category of wildlife licences, the
variation has effect, in relation to a wildlife
licence in force at the time the regulation is
made, upon the Secretary giving notice of
the variation to the holder of the licence.".
25 (4) In section 22(6) of the Principal Act, for "50
penalty units" substitute "100 penalty units".
9. Game licences
(1) In section 22A of the Principal Act, for sub-
section (1) substitute--
30 "(1) The Secretary may licence a person to hunt,
take or destroy game.".
(2) In section 22A of the Principal Act, after sub-
section (4) insert--
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"(4A) Despite anything to the contrary in any other
Act, if the Secretary thinks fit, a game
licence is subject to the condition that the
holder of the licence must take part in a
5 ballot, in accordance with the regulations, in
order to determine the entitlements of the
holder to take game specified under that
licence.
(4B) If the regulations vary the conditions,
10 limitations or restrictions on game licences
or a category of game licences, the variation
has effect, in relation to a game licence in
force at the time the regulation is made, upon
the Secretary giving notice of the variation to
15 the holder of the licence.".
(3) In section 22A(5) of the Principal Act, at the end
of paragraph (c) insert--
"; or
(d) the applicant is already the holder of a
20 licence under this section; or
(e) the applicant has failed any prescribed test
about the identification of that taxon of
wildlife in respect of which the licence is to
be issued.".
25 (4) In section 22A(7) of the Principal Act--
(a) after "cancelled" insert "or surrendered";
and
(b) for "three years" substitute "5 years".
(5) In section 22A of the Principal Act, after sub-
30 section (7) insert--
"(7A) The Secretary must renew a licence upon
application from the holder of the licence
unless the Secretary is satisfied that--
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(a) any of the circumstances set out in sub-
section (5)(a), (b), (c) or (e) applies; or
(b) the applicant has been found guilty of
an offence against this Act or the
5 regulations; or
(c) the applicant has failed to comply with
this Act, the regulations or the
conditions of his or her licence.
(7B) Upon application made in writing and upon
10 payment of any additional prescribed fee, the
Secretary may vary any licence in force
under this section in any respect and, as from
the date of the variation, the licence is
deemed to have been granted as so varied.
15 (7C) In considering an application under sub-
section (7B) the Secretary may refuse to
grant the application if the Secretary is
satisfied that any of the grounds set out in
sub-section (5)(a), (b), (c) or (e) applies.
20 (7D) A person who is not a natural person is not
eligible to seek the issue of or to be granted a
licence under this section.".
10. Circumstances in which Secretary may refuse to issue
or renew a licence
25 In section 23(1) of the Principal Act--
(a) for paragraph (b) substitute--
"(b) the premises specified in the
application for grant or renewal as
being the premises which is to house
30 the wildlife in respect of which the
licence is sought--
(i) are not suitable for housing the
wildlife; or
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s. 11
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(ii) are premises in respect of which a
licence has already been issued; or
(iii) in the case of a private wildlife
licence, are not premises at which
5 the applicant resides;"; and
(b) for paragraph (e) substitute--
"(e) the applicant has been found guilty of
an offence against this Act or a
corresponding previous enactment; or
10 (f) the applicant is already the holder of a
wildlife licence; or
(g) the applicant has failed to comply with
this Act, the regulations or the
conditions of his or her licence.".
15 11. Surrender of licence
In section 25(1) of the Principal Act, for "or
suspended" substitute ", suspended or
surrendered".
12. Insertion of new sections 25A to 25E and repeal of
20 section 26
(1) After section 25 of the Principal Act insert--
"25A. Mandatory cancellation of licences
(1) The Secretary must cancel a licence issued
under this Part if the Secretary is satisfied on
25 reasonable grounds that the holder
knowingly provided false or misleading
information with the application.
(2) Before cancelling a licence under this
section, the Secretary must--
30 (a) notify the holder in writing that it is
proposed to cancel the licence; and
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(b) allow the holder 14 days within which
to make oral or written submissions
about the proposal.
(3) In making a decision, the Secretary must--
5 (a) have regard to the submissions; and
(b) notify the holder of the decision.
(4) In addition to cancelling the licence, the
Secretary may--
(a) cancel any other licence issued to that
10 person under this Act; and
(b) specify a time within which the person
may not apply for another licence under
this Act.
25B. Power of Secretary to suspend licence
15 (1) The Secretary may suspend a licence, by
notice in writing given to the holder of the
licence, if the Secretary is satisfied, on
reasonable grounds, that--
(a) the holder of the licence has been found
20 guilty of an offence against this Act; or
(b) the holder of the licence has breached a
condition of the licence.
(2) A suspension under this section has effect--
(a) from the time specified in the notice
25 given under sub-section (1), which
must be after the day on which the
notice is given; and
(b) subject to section 25C, for the period
(not exceeding 90 days) specified in the
30 notice.
(3) The custody, care and management of any
wildlife held under a licence which has been
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suspended under this section must be dealt
with in accordance with the directions of the
Secretary.
25C. Making submissions on suspension
5 (1) Immediately on suspending a licence, the
Secretary must allow the holder of the
licence an opportunity to make written
submissions.
(2) Submissions must be made within the period
10 specified in the notice of suspension.
(3) On receiving any submissions under sub-
section (2), the Secretary must review the
decision to suspend the licence, and in doing
so must have regard to the submissions and
15 may decide--
(a) not to revoke or amend the suspension;
or
(b) to revoke or amend the suspension.
(4) The Secretary must notify the holder of the
20 licence of the outcome of the review.
25D. Power of the Secretary to cancel a licence
(1) The Secretary may cancel a licence if the
Secretary is satisfied, on reasonable grounds,
that--
25 (a) the holder of the licence has been found
guilty of an offence against this Act; or
(b) the holder of the licence has breached a
condition of the licence.
(2) Before cancelling a licence the Secretary
30 must--
(a) notify the holder that he or she
proposes to cancel the licence; and
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(b) allow the holder of the licence an
opportunity to make either oral or
written submissions.
(3) Submissions under sub-section (2) must be
5 made within the period specified in the
notice.
(4) In making a decision as to whether or not to
cancel a licence, the Secretary must--
(a) have regard to any submissions made
10 under sub-section (2) within the period
specified in the notice; and
(b) must notify the holder of his or her
decision.
(5) A cancellation under this section has effect
15 from the time specified in the notice of the
Secretary's decision under sub-section (4),
which must be after the day on which the
notice is given.
(6) Any wildlife held under a licence which has
20 been cancelled under this section must be
disposed of in accordance with the directions
of the Secretary.".
(2) Section 26 of the Principal Act is repealed.
13. Insertion of new Part IIIA
25 After Part III of the Principal Act insert--
"PART IIIA--AUTHORISATIONS
28A. Authorisation to take etc. wildlife
(1) The Secretary may give written authorisation
to a person to do all or any of the
30 following--
(a) hunt, take or destroy wildlife;
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(b) buy, sell, acquire, receive, dispose of,
keep, possess, control, breed, process,
display, take samples from or
experiment on wildlife--
5 if he or she is satisfied that the authorisation
is necessary--
(c) because wildlife is damaging any
building, vineyard, orchard, crop, tree,
pasture, habitat or other property
10 owned, occupied or administered by the
person to whom the authorisation is to
be issued or property adjacent to or in
proximity to such property; or
(d) for the purposes of the management,
15 conservation, protection or control of
wildlife or for the purposes of
education about wildlife, research into
wildlife or scientific or other study of
wildlife; or
20 (e) for aboriginal cultural purposes; or
(f) for the purposes of enabling the care,
treatment or rehabilitation of sick,
injured or orphaned wildlife; or
(g) for the purposes of ensuring the health
25 or safety of any person or class of
persons; or
(h) to support a recognised wildlife
management plan; or
(i) to make provision for the custody, care
30 and management of wildlife, held under
another authorisation or a licence which
has been suspended, during the period
of that suspension.
(2) An authorisation is subject to any conditions,
35 limitations or restrictions placed on that
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authorisation or that category of
authorisation--
(a) by the Secretary; or
(b) by the regulations.
5 (3) An authorisation is subject to the condition
that the holder of the authorisation must
allow inspection by an authorised officer, at
any reasonable time, of any dwelling house
specified in the authorisation for the purpose
10 of monitoring compliance with this Act, the
regulations or the conditions of the
authorisation.
(4) A person seeking the issue of an
authorisation must--
15 (a) apply to the Secretary for the
authorisation in the prescribed manner;
and
(b) provide any information required by the
Secretary to accompany the
20 application; and
(c) pay the prescribed fee (if any) for the
authorisation.
28B. Offence of failing to comply with conditions
of authorisation
25 A person to whom an authorisation under
section 28A has been granted must comply
with the conditions, limitations or
restrictions of the authorisation.
Penalty: 50 penalty units.
30 28C. Duration and renewal of authorisation
(1) An authorisation, unless sooner cancelled or
suspended, continues in force for that period,
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not exceeding 3 years, that is specified in the
authorisation.
(2) An authorisation may be renewed.
28D. Suspension of authorisation
5 (1) If the Secretary is satisfied that there are
reasonable grounds to do so, the Secretary
may suspend an authorisation, by notice in
writing given to the holder of an
authorisation.
10 (2) A suspension under this section has effect--
(a) from the time specified in the notice
under sub-section (1), which must be
after the day on which the notice is
given; and
15 (b) subject to section 28E, for the period
(not exceeding 90 days) specified in the
notice.
(3) The custody, care and management of any
wildlife held under an authorisation which
20 has been suspended under this section must
be dealt with in accordance with the
directions of the Secretary.
28E. Making submissions on suspension
(1) Immediately on suspending an authorisation,
25 the Secretary must allow the holder of the
authorisation an opportunity to make written
submissions.
(2) Submissions must be made within the period
specified in the notice of suspension.
30 (3) On receiving any submissions under sub-
section (2), the Secretary must review the
decision to suspend the authorisation, and in
doing so must have regard to the
submissions and may decide--
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(a) not to revoke or amend the suspension;
or
(b) to revoke or amend the suspension.
(4) The Secretary must notify the holder of the
5 authorisation of the outcome of the review.
28F. Cancellation of authorisation
(1) If the Secretary is satisfied that there are
reasonable grounds to do so, the Secretary
may cancel an authorisation.
10 (2) Before cancelling an authorisation the
Secretary must--
(a) notify the holder that it is proposed to
cancel the authorisation; and
(b) allow the holder of the authorisation an
15 opportunity to make either oral or
written submissions.
(3) Submissions under sub-section (2) must be
made within the period specified in the
notice.
20 (4) In making a decision as to whether or not to
cancel an authorisation, the Secretary must--
(a) have regard to any submissions made
under sub-section (2) within the period
specified in the notice; and
25 (b) must notify the holder of the decision.
(5) A cancellation under this section has effect
from the time specified in the notice under
sub-section (4).
(6) Any wildlife held under an authorisation
30 which has been cancelled under this section
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must be disposed of in accordance with the
directions of the Secretary.".
14. Substitution of sections 41 to 47
For sections 41 to 47 of the Principal Act
5 substitute--
'41. Hunting, taking or destroying endangered
wildlife
(1) A person must not hunt, take or destroy,
endangered wildlife.
10 Penalty: 240 penalty units or 24 months
imprisonment or both the fine and
imprisonment and an additional
penalty of 20 penalty units for
every head of wildlife in respect
15 of which an offence has been
committed.
(2) Sub-section (1) does not apply to a person--
(a) who is the holder of a licence or
authorisation which authorises the
20 hunting, taking or destroying of
endangered wildlife; and
(b) who is acting in accordance with the
licence or authorisation.
42. Hunting, taking or destroying notable
25 wildlife
(1) A person must not hunt, take or destroy
notable wildlife.
Penalty: 120 penalty units or 12 months
imprisonment or both the fine and
30 imprisonment and an additional
penalty of 10 penalty units for
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every head of wildlife in respect
of which an offence has been
committed.
(2) Sub-section (1) does not apply to a person--
5 (a) who is the holder of a licence or
authorisation which authorises the
hunting, taking or destroying of notable
wildlife; and
(b) who is acting in accordance with the
10 licence or authorisation.
43. Hunting, taking or destroying protected
wildlife
(1) A person must not hunt, take or destroy other
protected wildlife.
15 Penalty: 50 penalty units or 6 months
imprisonment or both the fine and
imprisonment and an additional
penalty of 5 penalty units for
every head of wildlife in respect
20 of which an offence has been
committed.
(2) Sub-section (1) does not apply to a person--
(a) who is the holder of a licence or
authorisation which authorises the
25 hunting, taking or destroying of other
protected wildlife; and
(b) who is acting in accordance with the
licence or authorisation.
(3) In this section "other protected wildlife"
30 means protected wildlife which is not
endangered or notable wildlife or game.
44. Hunting, taking or destroying game
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(1) During the close season for a taxon of game
a person must not hunt, take or destroy any
game of that taxon of game.
Penalty: 50 penalty units or 6 months
5 imprisonment or both the fine and
imprisonment and an additional
penalty of 5 penalty units for
every head of game in respect of
which an offence has been
10 committed.
(2) Sub-section (1) does not apply to a person--
(a) who is the holder of an authorisation
which authorises the hunting, taking or
destroying of that taxon of game; and
15 (b) who is acting in accordance with the
authorisation.
(3) During the open season for a taxon of game a
person must not hunt, take or destroy game
of that taxon of game.
20 Penalty: 10 penalty units.
(4) Sub-section (3) does not apply to a person--
(a) who is the holder of a licence or
authorisation which authorises the
hunting, taking or destroying of that
25 taxon of game; and
(b) who is acting in accordance with that
licence or authorisation.
45. Acquiring etc. endangered wildlife
(1) A person must not buy, sell, acquire, receive,
30 dispose of, keep, possess, control, breed,
process, display, take samples from or
experiment on endangered wildlife.
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Penalty: 240 penalty units or 24 months
imprisonment or both the fine and
imprisonment and an additional
penalty of 20 penalty units for
5 every head of wildlife in respect
of which an offence has been
committed.
(2) Sub-section (1) does not apply to a person--
(a) who is the holder of a licence or
10 authorisation which authorises the
buying, selling, acquiring, receiving,
disposing of, keeping, possessing,
controlling, breeding, processing,
displaying, taking samples from or
15 experimenting on endangered wildlife;
and
(b) who is acting in accordance with the
licence or authorisation.
46. Acquiring etc. notable wildlife
20 (1) A person must not buy, sell, acquire, receive,
dispose of, keep, possess, control, breed,
process, display, take samples from or
experiment on notable wildlife.
Penalty: 120 penalty units or 12 months
25 imprisonment or both the fine and
imprisonment and an additional
penalty of 10 penalty units for
every head of wildlife in respect
of which an offence has been
30 committed.
(2) Sub-section (1) does not apply to a person--
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(a) who is the holder of a licence or
authorisation which authorises the
buying, selling, acquiring, receiving,
disposing of, keeping, possessing,
5 controlling, breeding, processing,
displaying, taking samples from or
experimenting on notable wildlife; and
(b) who is acting in accordance with the
licence or authorisation.
10 47. Acquiring etc. protected wildlife
(1) A person must not buy, sell, acquire, receive,
dispose of, keep, possess, control, breed,
process, display, take samples from or
experiment on other protected wildlife.
15 Penalty: 50 penalty units or 6 months
imprisonment or both the fine and
imprisonment and an additional
penalty of 5 penalty units for
every head of wildlife in respect
20 of which an offence has been
committed.
(2) Sub-section (1) does not apply to a person--
(a) who is the holder of a licence or
authorisation which authorises the
25 buying, selling, acquiring, receiving,
disposing of, keeping, possessing,
controlling, breeding, processing,
displaying, taking samples from or
experimenting on other protected
30 wildlife; and
(b) who is acting in accordance with the
licence or authorisation.
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(3) In this section "other protected wildlife"
means protected wildlife which is not
endangered or notable wildlife.
47A. Exemptions from sections 41, 42, 43, 44, 45,
5 46 and 47
Sections 41, 42, 43, 44, 45, 46 and 47 do not
apply to any person or class of persons
exempted by the regulations from the
operation of all or any of the sections.
10 47B. Declaration of endangered and notable
wildlife
(1) The Governor in Council may, by
proclamation published in the Government
Gazette, declare any taxon of protected
15 wildlife to be endangered wildlife.
(2) The Governor in Council may, by
proclamation published in the Government
Gazette, declare any taxon of protected
wildlife to be notable wildlife.
20 47C. Employees of licence holders
(1) Sections 41, 42, 43, 45, 46 and 47 do not
apply to the taking, destroying, buying,
selling, acquiring, receiving, disposing of,
keeping, possessing, controlling, breeding,
25 processing or displaying of or taking samples
from or experimenting on any taxon of
wildlife by an employee of the holder of a
licence if that taking, destroying, buying,
selling, acquiring, receiving, disposal,
30 keeping, possessing, controlling, breeding,
processing, displaying, taking samples from
or experimenting on is in accordance with
the licence and this Act.
22
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(2) If an employee of the holder of a licence
engages in conduct on behalf of the licence
holder within the scope of the employee's
actual or apparent authority, the licence
5 holder is deemed, for the purposes of a
prosecution for an offence against this Act or
the regulations, also to have engaged in the
conduct, unless the licence holder establishes
that the licence holder took reasonable
10 precautions and exercised due diligence to
avoid the conduct.
47D. Wildlife unlawfully taken
(1) A person must not have wildlife in his or her
possession or control if that wildlife has been
15 taken, destroyed, acquired, received, bought,
sold, disposed of, kept, possessed,
controlled, bred, processed or displayed in
contravention of this Act or any
corresponding law of another State or a
20 Territory of the Commonwealth.
Penalty: 240 penalty units or 24 months
imprisonment or both.
(2) It is a defence to a charge brought under sub-
section (1) against a person to prove that the
25 person took reasonable steps to ascertain and
reasonably believed that the wildlife was not
unlawfully taken, destroyed, acquired,
received, bought, sold, disposed of, kept,
possessed, controlled, bred, processed or
30 displayed.
47E. Exemption from definition of prohibited
person in Firearms Act 1996
Despite anything to the contrary in the
Firearms Act 1996, a person, in relation to
35 whom not more than 12 months have expired
since that person was found guilty by a court
23
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of an offence against section 41, 42, 43 or
44(1), is deemed not to be a prohibited
person (within the meaning of that Act)
unless the Court, upon that finding of guilt,
5 imposed a term of imprisonment (within the
meaning of that Act).'.
15. Insertion of new sections 48 to 48C
For section 48 of the Principal Act substitute--
"48. Offence for dogs or cats to attack etc.
10 wildlife
(1) If a dog or cat rushes at, attacks, bites,
worries or chases wildlife while at large on
public land, the owner is guilty of an offence
and liable, upon conviction, to a penalty of
15 not more than 25 penalty units.
(2) Sub-section (1) does not apply to dogs
pursuing game birds or sambar deer in
accordance with regulations made under this
Act.
20 (3) An authorised officer may destroy any dog
or cat found in circumstances in which the
authorised officer reasonably believes that an
offence under this section is being
committed.
25 48A. Seizure of dogs or cats
(1) An authorised officer may seize a dog or cat
which is found at large on any public land
which is--
(a) a Nature Reserve or a State Wildlife
30 Reserve; or
(b) a Wildlife Management Co-operative
Area or a wildlife sanctuary established
under Part V; or
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(c) any other area prescribed for the
purposes of this section.
(2) If reasonable attempts have been made to
seize a dog or cat found at large in
5 circumstances in which sub-section (1)
applies, and the dog or cat has not been
seized, an authorised officer may destroy the
dog or cat.
(3) An authorised officer who seizes a dog or cat
10 must, as soon as is reasonably possible,
deliver it to an authorised officer of the
Council of the municipal district in which
the animal is found.
48B. Owner to be notified
15 (1) If the owner of a dog or cat which has been
delivered to the authorised officer of a
Council under section 48A is able to be
identified from a marker attached to or
implanted in the animal's body, the Council
20 must notify the owner of the seizure of the
animal.
(2) A notice under this section must be in
writing and must be delivered either
personally or by post within 4 days after the
25 animal is seized.
48C. Recovery or disposal of animal
(1) The owner of a dog or cat which has been
seized under section 48A may recover that
animal if he or she pays the amount fixed by
30 the Council within 8 days of the seizure of
that animal.
(2) If the dog or cat is not recovered by its
owner within 8 days of seizure, the Council
may sell or destroy it.".
35 16. Import and export permits
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(1) In section 50(1) of the Principal Act, for "50
penalty units" substitute "100 penalty units".
(2) In section 50 of the Principal Act, after sub-
section (1) insert--
5 "(1A) Sub-section (1) does not apply to wildlife
and wildlife products prescribed for the
purposes of this section.".
(3) In section 50(2) of the Principal Act, after "is
satisfied" insert ", on the basis of information
10 provided by the applicant,".
(4) In section 50 of the Principal Act, after sub-
section (4) insert--
"(5) A permit is subject to any conditions,
limitations or restrictions imposed on that
15 permit by the Secretary.
(6) A person to whom a permit under this
section has been granted must comply with
the conditions, limitations and restrictions of
that permit.
20 Penalty: 100 penalty units.".
17. Interference with marks on wildlife
(1) In section 51 of the Principal Act, for "10 penalty
units" substitute "100 penalty units".
(2) At the end of section 51 of the Principal Act
25 insert--
"(2) A person must not interfere with a mark
which has been placed on protected wildlife
in accordance with this Act, unless that
person is--
30 (a) an authorised officer; or
(b) acting in accordance with an authority
of the Secretary to interfere with marks
placed on wildlife.
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Penalty: 100 penalty units.".
18. Increase in penalty for poisoning wildlife
In section 54(1) of the Principal Act, for "50
penalty units or imprisonment for six months"
5 substitute "100 penalty units or 6 months
imprisonment or both the fine and imprisonment".
19. Molesting etc. protected wildlife
(1) In section 58 of the Principal Act, for paragraphs
(a) and (b) substitute--
10 "(a) wilfully molests or injures protected wildlife
or wilfully causes protected wildlife to be
molested or injured;
(b) wilfully disturbs, chases or herds protected
wildlife or wilfully causes protected wildlife
15 to be disturbed, chased or herded;".
(2) At the end of section 58 of the Principal Act
insert--
"(2) Sub-section (1) does not apply to any person
acting in accordance with a licence or
20 authorisation issued under this Act.".
20. Insertion of new sections 58A to 58E
After section 58 of the Principal Act insert--
"58A. Keeping false records
If a person, who is the holder of a licence,
25 permit or authorisation under this Act, is
required by or under this Act or the terms of
that licence, permit or authorisation to make
or keep records, that person must not
knowingly make or keep records that are
30 inaccurate or false.
Penalty: 120 penalty units.
58B. Providing false information
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A person must not in or in connection with
an application for a licence, permit or
authorisation under this Act give false or
misleading information.
5 Penalty: 120 penalty units
58C. Offence for certain persons to enter on or
remain in specified hunting area
(1) During the open season for duck, a person
must not enter on or remain in any specified
10 hunting area at any time in the season which
is specified in regulations made under sub-
section (2), unless the person--
(a) is the holder of--
(i) a game licence authorising the
15 hunting or taking of game birds
(including duck); and
(ii) a longarm licence under the
Firearms Act 1996; or
(b) is an authorised officer or a member of
20 the police force acting in the course of
his or her duty; or
(c) is acting in accordance with the
authorisation of the Secretary.
Penalty: 10 penalty units.
25 (2) The Governor in Council may make
regulations--
(a) declaring any area to be a specified
hunting area; and
(b) specifying the times during which entry
30 onto the area or remaining in the area is
prohibited for the purposes of sub-
section (1).
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58D. Offence to approach a person who is
hunting
During the open season for duck, a person
must not approach to within a distance of 10
5 metres or less from a person who is carrying
a firearm or hunting or taking game birds in
a specified hunting area unless the person
who so approaches--
(a) is hunting or taking game birds from
10 the same boat, the same hide or blind or
the same natural cover as the other
person; or
(b) is supervising the other person in
hunting or taking game birds; or
15 (c) is an authorised officer or a member of
the police force acting in the course of
his or her duty; or
(d) is acting in accordance with the
authorisation of the Secretary.
20 Penalty: 10 penalty units.
58E. Hindering or obstructing hunting
A person must not interfere with, harass,
hinder or obstruct a person who is engaged
in hunting or taking game in accordance with
25 this Act.
Penalty: 20 penalty units.".
21. Powers of authorised officers
(1) In section 59(1) of the Principal Act--
(a) for "any wildlife officer or any officer of the
30 Division authorized in writing by the
Minister either generally or in a particular
case" substitute "any authorised officer";
and
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(b) for paragraphs (a) and (b) substitute--
"(a) searching the lands, waters, tent,
building or structure and any thing
found at the lands, waters, tent,
5 building or structure;
(b) inspecting and taking photographs
(including video recordings) of the
lands, waters, tent, building or structure
or any thing found at the lands, waters,
10 tent, building or structure;
(ba) with whatever assistance is required,
taking and keeping samples of--
(i) the blood, any bodily fluids or
other matter from any wildlife; or
15 (ii) any other thing--
found at the lands, waters, tent,
building or structure;
(bb) with whatever assistance is required,
mark any wildlife or thing found at the
20 lands, waters, tent, building or structure
for the purpose of later being able to
identify it;
(bc) inspecting and making copies of or
taking extracts from any document kept
25 at the lands, waters, tent, building or
structure;
(bd) seizing any thing found at the lands,
waters, tent, building or structure if the
authorised officer believes on
30 reasonable grounds that it is necessary
to seize the thing in order to prevent--
(i) its concealment, loss or
destruction; or
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(ii) its use in committing, continuing
or repeating an offence against
this Act;".
(2) In section 59 of the Principal Act, sub-sections (2)
5 to (4) are repealed.
22. Insertion of new sections 59A to 59F
After section 59 of the Principal Act insert--
"59A. Searches of personal property
An authorised officer or member of the
10 police force may, at any time without
warrant, search any parcel, basket, bag, box
or receptacle for any thing which he or she
reasonably believes is being used or is likely
to be used in contravention of this Act, and
15 may do any one or more of the following--
(a) inspect and take photographs (including
video recordings) of the premises or
any thing found during the course of
the search;
20 (b) with whatever assistance is required,
take and keep samples of--
(i) the blood, any bodily fluids or
other matter from any wildlife; or
(ii) any other thing--
25 found during the course of the search;
(c) with whatever assistance is required,
mark any wildlife or thing found during
the course of the search for the purpose
of later being able to identify it;
30 (d) inspect and make copies of or take
extracts from any document found
during the course of the search;
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(e) seize any thing found during the course
of the search if the authorised officer
believes on reasonable grounds that it is
necessary to seize the thing in order to
5 prevent--
(i) its concealment, loss or
destruction; or
(ii) its use in committing, continuing
or repeating an offence against
10 this Act.
59B. Searches of vehicles and boats
An authorised officer or a member of the
police force may, at any time, without
warrant, stop and search any boat or vehicle
15 which he or she reasonably believes has been
used by persons committing an offence
against this Act or which contains persons
the officer or member wants to question with
respect to an offence against this Act and
20 may do any one or more of the following--
(a) inspect and take photographs (including
video recordings) of the boat or vehicle
or any thing found during the course of
the search;
25 (b) with whatever assistance is required,
take and keep samples of--
(i) the blood, any bodily fluids or
other matter from any wildlife; or
(ii) any other thing--
30 found during the course of the search;
(c) with whatever assistance is required,
mark any wildlife or thing found during
the course of the search for the purpose
of later being able to identify it;
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(d) inspect and make copies of or take
extracts from any document found
during the course of the search;
(e) seize any thing found during the course
5 of the search if the authorised officer
believes on reasonable grounds that it is
necessary to seize the thing in order to
prevent--
(i) its concealment, loss or
10 destruction; or
(ii) its use in committing, continuing
or repeating an offence against
this Act.
59C. Search warrant for evidence of offence
15 (1) An authorised officer may apply to a
magistrate for the issue of a search warrant
in relation to a particular premises if the
authorised officer believes on reasonable
grounds that there is, or may be within the
20 next 72 hours, on the premises a particular
thing that may be evidence of the
commission of an offence against this Act.
(2) If a magistrate is satisfied by the evidence on
oath, whether oral or by affidavit, that there
25 are reasonable grounds for suspecting that
there is, or may be within the next 72 hours,
on the premises a particular thing that may
be evidence of the commission of an offence
against this Act, the magistrate may issue a
30 search warrant authorising an authorised
officer named in the warrant and any
assistants the officer considers necessary--
(a) to enter the premises named or
described in the warrant; and
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(b) to search for and seize a thing named or
described in the warrant.
(3) In addition to any other requirement, a
search warrant under this section must
5 state--
(a) the offence suspected; and
(b) the premises to be searched; and
(c) a description of the thing to be searched
for; and
10 (d) any condition to which the warrant is
subject; and
(e) whether entry is authorised to be made
at any time or during stated hours; and
(f) a day, not later than 7 days after the
15 issue of the warrant, on which the
warrant ceases to have effect.
(4) If, in the course of executing a warrant under
this section, the person executing the warrant
finds a thing that he or she believes on
20 reasonable grounds to be--
(a) connected with the offence, although
not the thing named or described in the
warrant; or
(b) connected with another offence against
25 this Act--
and the person believes, on reasonable
grounds, that it is necessary to seize that
thing in order to prevent its concealment,
loss or destruction, or its use in committing,
30 continuing or repeating the offence, the
warrant is deemed to authorise the person to
seize the thing.
34
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(5) A search warrant under this section must be
issued in accordance with the Magistrates'
Court Act 1989 and in the form prescribed
under that Act.
5 (6) The rules to be observed with respect to
search warrants set out in the Magistrates'
Court Act 1989 extend and apply to
warrants under this section.
59D. Announcement before entry
10 (1) Before executing a search warrant, the
authorised officer named in the warrant or a
person assisting the authorised officer must
announce that he or she is authorised by the
warrant to enter the premises or dwelling-
15 house and give any person at the premises or
dwelling-house an opportunity to allow
immediate entry to the premises or dwelling-
house.
(2) The authorised officer or a person assisting
20 the authorised officer need not comply with
sub-section (1) if he or she believes on
reasonable grounds that immediate entry to
the premises or dwelling-house is required to
ensure--
25 (a) the safety of any person; or
(b) that the effective execution of the
search warrant is not frustrated.
59E. Copy of warrant to be given to occupier
If the occupier or another person who
30 apparently represents the occupier is present
at the premises or dwelling-house when a
search warrant is being executed, the
authorised officer must--
(a) identify himself or herself to that
35 person by producing evidence of his or
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her identity for inspection by that
person; and
(b) give that person the occupier's copy of
the warrant.
5 59F. Occupier entitled to be present during
search
(1) If a search warrant is being executed, and the
occupier or a person apparently in charge of
the premises in respect of which the warrant
10 is being executed is present at those
premises, the person has a right to observe
the search being conducted.
(2) The right to observe the search being
conducted ceases if the person impedes the
15 search.".
23. Powers of seizure
In section 60 of the Principal Act, for sub-section
(1) substitute--
"(1) If an authorised officer or member of the
20 police force believes on reasonable grounds
that an offence against this Act has been, is
being or is about to be committed, the officer
or member may do all or any of the
following--
25 (a) seize--
(i) any thing, the use or possession of
which is prohibited by or under
this Act in any particular case or
under any similar enactment of
30 another State or Territory of the
Commonwealth; or
(ii) any thing which the officer or
member reasonably believes has
36
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been or is likely to be used in or to
assist in the offence; or
(iii) any thing which the officer or
member reasonably believes has
5 been taken or held in
contravention of this Act or the
law of another State or Territory
of the Commonwealth;
(b) inspect and take photographs (including
10 video recordings) of any thing which
the officer or member believes on
reasonable grounds to be involved in
the commission of the offence;
(c) with whatever assistance is required,
15 take and keep samples of--
(i) the blood, any bodily fluids or
other matter from any wildlife; or
(ii) any other thing--
which the officer believes on
20 reasonable grounds to be required to
prove the offence;
(d) with whatever assistance is required,
mark any wildlife or thing which the
officer believes, on reasonable grounds,
25 to be required to prove the offence, for
the purpose of later being able to
identify it;
(e) inspect and make copies of or take
extracts from any document which the
30 officer or member believes, on
reasonable grounds, to be evidence of
the commission of the offence.".
24. Insertion of new sections 60B to 60E
After section 60A of the Principal Act insert--
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"60B. Requirements as to taking samples, seizing
(1) An authorised officer or member of the
police force may not take samples of a thing
or seize a thing apparently in the possession
5 of a person unless the officer or member
makes out or tenders to the person a written
receipt for the sample taken or thing seized.
(2) If the officer or member is unable to
ascertain the identity of the owner or
10 custodian of the thing seized or sampled, the
officer or member must leave a receipt with
or post it to the person apparently in charge
of the thing seized.
(3) If an officer or member seizes a thing he or
15 she must take reasonable steps to return the
thing to the person from whom it was seized
if the reason for its seizure no longer exists.
60C. Samples
If an authorised officer or member of the
20 police force proposes to take samples, he or
she must--
(a) advise the owner, if possible, before
taking the sample that it is taken for the
purpose of analysis; and
25 (b) where, in the opinion of the officer it is
reasonably possible, divide the sample
into 3 parts and give 1 part to the
owner, 1 part to the analyst and keep 1
part untouched for future comparison.
30 60D. Retention notices
(1) If an authorised officer or a member of the
police force believes on reasonable grounds
that any thing has been taken or is being held
in contravention of this Act or the law of
35 another State or a Territory of the
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Commonwealth, the officer or member may
issue the person holding the thing with a
notice requiring that person to keep the thing
in his or her possession and not to sell or
5 dispose of the thing.
(2) A notice under sub-section (1)--
(a) must be in writing; and
(b) has effect for the period specified in the
notice (which must not be more than 90
10 days from the issue of the notice); and
(c) may be cancelled by the person who
issued the notice; and
(d) is subject to any terms and conditions
specified in the notice.
15 (3) If the Secretary is of the opinion that it is
reasonably necessary to do so, the Secretary
may extend the period for which a notice has
effect under sub-section (2).
(4) If the Secretary extends the period for which
20 a notice has effect, the Secretary must,
before the expiry of the original extension--
(a) notify the person to whom the notice is
issued of the extension; and
(b) specify in the notice the period for
25 which the extension is to have effect.
(5) A person to whom a notice has been issued
must comply with the notice.
Penalty: 120 penalty units or 12 months
imprisonment or both.
30 60E. Evidentiary provisions relating to retention
notices
(1) In any proceedings under section 60D,
evidence that a thing, specified in a notice
39
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s. 25
Act No.
under this section as being in the possession
of a particular person, is no longer in the
possession of that person is evidence, and, in
the absence of evidence to the contrary, is
5 proof that the person has not complied with
the notice.
(2) In any proceedings under this Act, the fact
that a thing is specified in a notice under
section 60D as being in the possession of a
10 particular person is evidence, and, in the
absence of evidence to the contrary, is proof
that the thing was in the possession of that
person.".
25. Directions of authorised officer
15 (1) In section 62(1) of the Principal Act, for "50
penalty units or imprisonment for twelve months
or both" substitute "120 penalty units or 12
months imprisonment or both the fine and
imprisonment".
20 (2) After section 62(2) of the Principal Act insert--
"(3) An authorised officer or member of the
police force who is in the course of
interviewing a person about a matter under
this Act may direct the person to remove all
25 cartridges from any firearm in his or her
possession.
(4) A person must comply with a direction under
sub-section (3).
Penalty: 120 penalty units or 12 months
30 imprisonment or both the fine and
imprisonment.
(5) An authorised officer or a member of the
police force who believes on reasonable
grounds that a person is contravening or
35 failing to comply with section 58C, 58D or
40
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58E may direct that person to leave or not to
enter a specified hunting area.
(6) A person must comply with a direction under
sub-section (5).
5 Penalty: 10 penalty units.".
26. Insertion of new sections 63, 64 and 65
After section 62A of the Principal Act insert--
"63. Authorised officers do not commit offences
in certain circumstances
10 (1) An act done by--
(a) an authorised officer; or
(b) a member of the police force; or
(c) a member of a police force of the
Commonwealth or of another State or a
15 Territory--
which, but for this sub-section, would
constitute an offence against section 41, 42,
43, 45, 46, 47, 47D, 50, 51 or 76, does not
have that consequence if the act is done
20 under written instructions given in relation to
a particular case by the Secretary.
(2) The Secretary must not give instructions to
an authorised officer under sub-section (1)
unless the Secretary is satisfied that the
25 authorised officer has the appropriate
qualifications, training and experience to
carry out the act in respect of which the
instructions are given.
64. Statements of the Secretary as evidence
30 A statement in writing purporting to be
under the seal of the Secretary to the effect
that--
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(a) a specified person was or was not the
holder of a licence, authorisation or
permit under this Act; or
(b) a licence, authority or permit under this
5 Act is subject to specified conditions,
restrictions or limitations; or
(c) a premises is the premises specified in a
licence under this Act; or
(d) a specified person was or was not
10 issued with a tag under this Act--
is evidence, and in the absence of evidence
to the contrary, is proof of the facts stated in
it.
65. Eggs presumed to be endangered wildlife
15 In any proceedings for an offence against
this Act it must be presumed that any eggs or
parts of eggs are the eggs or parts of eggs of
endangered wildlife unless the contrary is
proven.".
20 27. Simplification of proof
In section 68(5)(b) of the Principal Act--
(a) for "or waters" substitute ", waters or land";
and
(b) for "is armed with" substitute "carries, uses,
25 controls or possesses".
28. Amendment of section 70
In section 70(1) of the Principal Act, after sub-
section (1) insert--
"(1A) If a court has cancelled or suspended a
30 licence, permit or authority under sub-
section (1), the court may order that--
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(a) if the licence, permit or authorisation
has been suspended, before the end of
the suspension, the holder be required
to successfully complete any prescribed
5 test about the identification of that
taxon of wildlife in respect of which the
licence, permit or authorisation was
issued (whether or not that person has
previously successfully completed that
10 test); or
(b) if the licence, permit or authorisation
has been cancelled, before a person is
eligible to be granted a new licence,
permit or authorisation, the person be
15 required to successfully complete any
prescribed test about the identification
of that taxon of wildlife in respect of
which a new licence, permit or
authorisation is applied for (whether or
20 not that person has previously
successfully completed the test).
(1B) If a court makes an order under sub-section
(1A), the suspension or cancellation of the
licence, permit or authorisation remains in
25 force, despite any other provision of this Act,
until the test has been successfully
completed.".
29. Insertion of new sections 70A
After section 70 of the Principal Act insert--
30 "70A. Disposal of seized things
(1) If a person is found guilty by a court of an
offence against this Act, the regulations or
any proclamation made under this Act, the
court may, in addition to imposing any other
35 penalty, order any thing seized under this
Act which relates to that offence to be
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destroyed or otherwise disposed of in the
manner specified in the order.
(2) The Magistrates' Court may, on the
application of an authorised officer, order
5 that any thing seized under this Act be
destroyed or otherwise disposed of, if the
Court is satisfied that--
(a) the owner of the thing cannot be found;
or
10 (b) in the case of wildlife, the person
apparently in possession of the wildlife
does not hold a licence, authorisation or
permit under this Act to do so.".
30. Whales--Definitions
15 (1) In section 75(1) of the Principal Act, in the
definition of "interfere", after "or brand" insert
"or approach a whale at a distance that is less than
the prescribed minimum distance".
(2) At the end of section 75 insert--
20 "(3) Any reference in this Part to a whale or
whales is a reference to a whale or whales in
any form whether alive or dead and whether
the flesh is raw or cooked or preserved or
processed in any manner whatsoever, and
25 includes the skin, skeletal material, organs or
any other part of any whale.".
31. Whales--Offences
In section 76(4) of the Principal Act, after
paragraph (a) insert--
30 "(aa) the action in question was carried out under
the direction of an authorised officer and was
reasonably necessary for the welfare of the
whale;".
32. Permit to carry out tourist activities
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(1) In section 78(1) of the Principal Act--
(a) for "Upon application made to the Director-
General" substitute "Upon application made
to the Secretary, and upon payment of the
5 prescribed fee,"; and
(b) after paragraph (f) insert--
"(g) for the purpose of conducting tourist
activities, to interfere with whales to
the extent of approaching whales at less
10 than the prescribed minimum
distance.".
(2) In section 78 of the Principal Act, after sub-
section (3) insert--
"(3A) The Secretary must not grant a permit under
15 sub-section (1)(g) if the Secretary is satisfied
that the grant of the permit will adversely
affect a population of a particular taxon of
whale.
(3B) Subject to sub-section (3A), the Secretary
20 may renew a permit under this Part, upon
application from the holder of the permit,
unless the Secretary is satisfied that--
(a) the holder has been found guilty of an
offence against this Act or the
25 regulations; or
(b) the holder has failed to comply with
this Act, the regulations or the
conditions of the permit.
(3C) A person who is not a natural person is not
30 eligible to apply for or to be granted a permit
under sub-section (1)(g).".
33. Conditions of permits
For section 79(1) of the Principal Act
substitute--
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"(1) A permit under this Part is subject to--
(a) any conditions, determined by the
Secretary, that are specified or referred
to in the permit; and
5 (b) any conditions that are imposed under
sub-section (2); and
(c) any conditions which are prescribed by
regulations made under section 85A for
permits of the category to which the
10 permit belongs.".
34. Offence to breach conditions of permit
In section 80 of the Principal Act, for "25 penalty
units" substitute "100 penalty units or 6 months
imprisonment or both the fine and imprisonment".
15 35. Insertion of new sections 81 to 81D
For section 81 of the Principal Act substitute--
"81. Power of authorised officer to give
directions
(1) An authorised officer may direct a person to
20 cease, immediately, any activity being
carried out under a permit under this Part, if
the authorised officer reasonably believes
that the activity is detrimental to the welfare
of any whale.
25 (2) A person must comply with a direction given
under sub-section (1).
Penalty: 50 penalty units.
81A. Variation of permits
(1) Upon application made in writing and upon
30 payment of any prescribed fee, the Secretary
may vary any permit granted under section
78(1)(d) or (g) in any respect and as from the
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date of the variation the permit is deemed to
have been granted as so varied.
(2) If the Secretary is of the opinion that a
permit granted under section 78(1)(d) or (g)
5 should be varied, the Secretary may vary the
permit.
(3) The variation of a permit under sub-section
(2) has effect upon the Secretary giving
notice of the variation to the holder of the
10 permit.
81B. Suspension of permits
(1) If the Secretary is satisfied that there are
reasonable grounds to do so, the Secretary
may suspend a permit by notice in writing
15 given to the holder of the permit.
(2) A suspension under this section has effect--
(a) from the time specified in the notice
under sub-section (1), which must be
after the day on which the notice is
20 given; and
(b) subject to section 80D, for the period
(not exceeding 90 days) specified in the
notice.
81C. Making submissions on suspension
25 (1) Immediately upon suspending a permit, the
Secretary must allow the holder of the permit
an opportunity to make written submissions.
(2) Submissions must be made within the period
specified in the notice of suspension.
30 (3) On receiving any submissions under sub-
section (2), the Secretary must review the
decision to suspend the permit, and in doing
so must have regard to the submissions and
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may decide to continue, revoke or amend the
suspension.
(4) The Secretary must notify the holder of the
permit of the outcome of the review.
5 81D. Power of Secretary to cancel permit
(1) The Secretary may cancel a permit under this
Part if the Secretary is satisfied, on
reasonable grounds, that--
(a) the holder of the permit has been found
10 guilty of an offence against this Act; or
(b) the holder of the permit has breached a
condition of the permit; or
(c) that the act or acts authorised by the
permit may adversely affect a
15 population of a particular taxon of
whale; or
(d) where the holder of the permit has been
convicted of an offence against a law of
the Commonwealth or of a State or a
20 Territory of the Commonwealth
relating to fauna, to the preservation,
conservation and protection of whales
or to the living natural resources of the
continental shelf of Australia.
25 (2) Before cancelling a permit granted under
section 78(1)(d) or (g) the Secretary must--
(a) notify the holder that he or she
proposes to cancel the permit; and
(b) allow the holder of the permit an
30 opportunity to make either oral or
written submissions.
(3) Submissions under sub-section (2) must be
made within the period specified in the
notice.
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(4) In making a decision as to whether or not to
cancel a permit granted under section
78(1)(d) or (g), the Secretary must--
(a) have regard to any submissions made
5 under sub-section (2) within the period
specified in the notice; and
(b) must notify the holder of his or her
decision.
(5) A cancellation of a permit granted under
10 section 78(1)(d) or (g) has effect from the
time specified in the notice of the Secretary's
decision under sub-section (4), which must
be after the day on which the notice is given.
(6) Any wildlife held under a permit which has
15 been granted under section 78(1)(d) and
which has been cancelled under this section
must be disposed of in accordance with the
directions of the Secretary.".
36. Whales--Public notices
20 (1) For section 82(1) of the Principal Act
substitute--
"(1) A person making an application for--
(a) the grant of a permit under section
78(1)(b), (c), (e) or (f); or
25 (b) the variation or revocation of a
condition of a permit granted under this
Part (other than a permit granted under
section 78(1)(d) or (g)); or
(c) the imposition of a further condition on
30 a permit granted under this Part (other
than a permit granted under section
78(1)(d) or (g))--
must publish a notice in accordance with
sub-section (7)--
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(d) setting out particulars of the
application; and
(e) inviting interested persons to lodge
written comments in respect of the
5 application with the Secretary, not later
than a specified day (not being earlier
than 30 days after the publication of the
notice) at a place approved by the
Secretary for the purposes of this
10 paragraph.".
(2) In section 82(4) of the Principal Act--
(a) after "cancel a permit" insert "granted under
section 78(1)(b), (c), (e) or (f);
(b) for "a condition of a permit" substitute "a
15 condition of such a permit"; and
(c) for "a further condition of a permit"
substitute "a further condition of such a
permit".
37. Repeal of section 83
20 Section 83 of the Principal Act is repealed.
38. Regulations
(1) In section 85A(1) of the Principal Act--
(a) in paragraph (a)--
(i) after "disturb" insert "or interfere
25 with"; and
(ii) in sub-paragraph (i), omit "charge of";
and
(b) after paragraph (b) insert--
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"(c) any other matter or thing which is
authorised or required by this Part to be
prescribed to give effect to this Part.".
(2) In section 85A of the Principal Act, after sub-
5 section (2) insert--
"(2A) Regulations made under this Part may confer
a discretionary authority or impose a duty on
the Minister, the Secretary or an authorised
officer.".
10 39. Insertion of new sections 86B and 86C
After section 86A of the Principal Act insert--
"86B. Time for bringing proceedings
Despite section 26 of the Magistrates'
Court Act 1989, a proceeding for an offence
15 under section 22, 41, 42, 43, 44, 45, 46, 47,
50, 51, 54, 74E or 80 must be commenced
not later than 2 years after the date on which
the offence is alleged to have been
committed.
20 86C. Review of decisions
(1) An application may be made to the
Administrative Appeals Tribunal established
under the Administrative Appeals
Tribunal Act 1984 for the review of a
25 decision of the Secretary--
(a) to refuse to grant a licence,
authorisation or permit under this Act;
or
(b) to refuse to renew a licence,
30 authorisation or permit granted under
this Act; or
(c) to suspend or cancel a licence,
authorisation or permit granted under
this Act--
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or of a failure of the Secretary to make such
a decision within a reasonable time.
(2) An application under sub-section (1) may be
made by--
5 (a) in the case of an application for a
decision, the person who has made the
application; or
(b) in any other case, the holder of the
licence, permit or authorisation which
10 was the subject of the decision or
failure to decide.".
40. Regulations
(1) In section 87(1) of the Principal Act--
(a) for "and for preserving good order"
15 substitute "and providing for the effective
management of hunting including preserving
good order"; and
(b) in paragraph (f), after "prescribing" insert
"open seasons and"; and
20 (c) after paragraph (g) insert--
"(ga) prohibiting or regulating the feeding of
wildlife;"; and
(d) omit paragraph (m); and
(e) omit paragraph (p); and
25 (f) in paragraph (q) omit "(not exceeding $50)";
and
(g) in paragraph (s), for "and reserves"
substitute ", reserves and wildlife
management co-operative areas (not on
30 private land)"; and
(h) in paragraph (t)--
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(i) after "upon or adjacent to" insert "or
the remaining of persons in, upon or
adjacent to"; and
(ii) after "recognised wildlife habitat"
5 insert ", wildlife management co-
operative area or specified hunting area
established under this Act and"; and
(i) after paragraph (t) insert--
"(ta) prescribing areas of public land for the
10 purposes of section 48A;"; and
(j) in paragraph (u), for "or reserve" substitute
"reserve or wildlife management co-
operative area (not on private land)"; and
(k) in paragraph (v)--
15 (i) after "upon any reserve" insert "or
wildlife management co-operative area
(not on private land) established under
this Act"; and
(ii) for "on any reserve" substitute "on any
20 such reserve or area"; and
(l) after paragraph (v) insert--
"(va) prohibiting or regulating--
(i) the carrying, control, possession
or use of any firearm, appliance or
25 equipment; and
(ii) the control or use of dogs for
hunting--
in any sanctuary, reserve or wildlife
management co-operative area (not on
30 private land) established under this Act
or any other area specified in the
regulations;"; and
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(m) in paragraph (x) omit "not exceeding $20";
and
(n) after paragraph (ah) insert--
"(aha) fees to be charged for permits issued
5 under Part X and for variations of
permits issued under Part X;
(ahb) ballots under section 22A(4A),
including fees to enter a ballot;
(ahc) prescribing persons or classes of
10 persons who are exempted from the
operation of sections 41, 42, 43, 44, 45,
46 and 47 and conditions to which any
such exemption is subject;
(ahd) the keeping of records about the taking,
15 destroying, buying, selling, acquiring,
receiving, disposing of, keeping,
possessing, controlling, breeding,
processing, displaying, taking samples
from or experimenting on wildlife by
20 persons who are exempt from the
requirement to hold a licence or
authorisation under this Act to do so;".
(2) After section 87(2) of the Principal Act, insert--
"(2A) In fixing fees in any such regulations, the
25 Governor in Council may provide for all or
any of the following matters--
(a) maximum or minimum fees;
(b) maximum and minimum fees;
(c) the reduction, waiver or refund, in
30 whole or in part, of the fees.
(2B) The regulations may provide in specified
cases or classes of cases for the exemption of
persons or things or classes of persons or
things from any of the provisions of the
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regulations whether unconditionally or on
specified conditions and either wholly or to
such extent as is specified in the
regulations.".
5 (3) In section 87(7) of the Principal Act, for "or the
Director-General" substitute ", the Secretary, an
authorised officer or a person employed under the
Public Sector Management Act 1992 in the
administration of this Act.".
10 41. Insertion of new Part XII
After Part XI of the Principal Act insert--
"PART XII--TRANSITIONAL
88. Permits and authorities
On and from the coming into operation of
15 this section, a permit or authority which--
(a) has been given or issued under section
4, 4A, 5, 6 or 7 of this Act as in force
immediately before the commencement
of section 6 of the Wildlife
20 (Amendment) Act 1997; and
(b) is in force immediately before the
commencement of that section--
is deemed to--
(c) be an authorisation issued under Part
25 IIIA of this Act and, except as is
otherwise provided for in this section,
the provisions of Part IIIA apply
accordingly; and
(d) continue in force, unless sooner
30 suspended or cancelled in accordance
with the provisions of Part IIIA, until
the date on which the permit or
authority would have expired if the
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Wildlife (Amendment) Act 1997 had
not been enacted.
89. Conditions on licences etc.
On and from the commencement of this
5 section--
(a) a wildlife licence--
(i) given or issued under this Act as
in force immediately before the
commencement of section 8 of the
10 Wildlife (Amendment) Act 1997;
and
(ii) which is in force immediately
before the commencement of that
section--
15 is deemed to be subject to the condition
set out in section 22(3)(c);
(b) any authority to which section 88
applies is deemed to be subject to the
condition set out in section 28A(4).".
20 42. Consequential amendments
The Principal Act is amended as set out in the
Schedule.
_______________
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PART 3--AMENDMENTS TO THE CONSERVATION,
FORESTS AND LANDS ACT 1987
Act No.
43. Principal Act 41/1987.
In this Part, the Conservation, Forests and Reprint No. 3
as at 28 July
5 Lands Act 1987 is called the Principal Act. 1997.
44. Appointment of authorised officers
In section 83(2) of the Principal Act, for
paragraph (a) substitute--
"(a) for the purposes of all or any relevant laws;
10 and".
45. Insertion of new section 88A
After section 88 of the Principal Act insert--
'88A. Certificates of identification
(1) In any legal proceedings for an offence
15 against a relevant law, the production of a
certificate purporting to be signed by a
qualified person with respect to any analysis,
examination or investigation made by that
person, is, without--
20 (a) proof of the signature of the person
appearing to have signed the certificate;
and
(b) proof that the person appearing to have
signed the certificate is a qualified
25 person--
evidence and, in the absence of evidence to
the contrary given in accordance with this
section, proof of the facts and matters
contained in it.
30 (2) A copy of the certificate must be served on
the defendant at least 14 days before the
hearing.
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(3) If the defendant requires the qualified person
to attend as a witness, the defendant must
give notice that he or she requires the
witness to attend.
5 (4) A notice under sub-section (3)--
(a) must be in writing; and
(b) must be given at least 7 days before the
hearing to the qualified person and to
the person who filed the charge; and
10 (c) may be given personally or by post.
(5) Service of a copy of the certificate for the
purposes of this section may be effected and
proved--
(a) in any manner in which service of a
15 summons may be effected and proved;
or
(b) where the certificate was served with
the summons and proof of service of
the summons is by affidavit, by stating
20 in the affidavit that a copy of the
certificate was served with the
summons.
(6) In this section--
"qualified person" means a person who has
25 been approved by the Secretary, in
writing, as a person qualified to
conduct an analysis, examination or
investigation to which this section
relates.'.
30 __________________
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SCHEDULE
CONSEQUENTIAL AMENDMENTS TO THE WILDLIFE
ACT 1975
1. In section 3--
5 (a) in the definition of "close season", for "species"
(wherever occurring) substitute "taxon"; and
(b) in the definition of "controlled wildlife", for "species"
substitute "taxon"; and
(c) in the definition of "game", for "species" substitute
10 "taxon"; and
(d) in the definition of "open season", for "species"
(wherever occurring) substitute "taxon"; and
(e) in the definition of "protected wildlife", for "species"
substitute "taxon"; and
15 (f) in the definition of "wildlife", for "species" (wherever
occurring) substitute "taxon".
2. In section 7A--
(a) in sub-section (1), for "species" (wherever occurring)
substitute "taxon"; and
20 (b) in sub-section (2), for "species" substitute "taxon";
and
(c) in sub-section (3), for "Director-General" (wherever
occurring) substitute "Secretary".
3. In section 11, for "Director-General" substitute "Secretary".
25 4. In section 12--
(a) in sub-section (1), for "Director-General" substitute
"Secretary"; and
(b) in sub-section (2), for "Director-General" substitute
"Secretary".
30 5. In section 13, for "Director-General" substitute "Secretary".
6. In section 14, for "Director-General" (wherever occurring)
substitute "Secretary".
7. In section 15--
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(a) in sub-section (1), for "Director-General" substitute
"Secretary"; and
(b) in sub-section (3), for "Director-General" substitute
"Secretary".
5 8. In section 16--
(a) in sub-section (1), for "Director-General" substitute
"Secretary"; and
(b) in sub-section (2), for "Director-General" substitute
"Secretary".
10 9. In section 16A--
(a) in sub-section (1), for "Director-General" substitute
"Secretary"; and
(b) in sub-section (2), for "Director-General" substitute
"Secretary"; and
15 (c) in sub-section (3), for "Director-General" (wherever
occurring) substitute "Secretary".
10. In section 17, for "Director-General" substitute "Secretary".
11. In section 18--
(a) in sub-section (1), for "Director-General" (wherever
20 occurring) substitute "Secretary"; and
(b) in sub-section (2), for "Director-General" substitute
"Secretary".
12. In section 19, for "Director-General" substitute "Secretary".
13. In section 21--
25 (a) in sub-section (1), for "Director-General" substitute
"Secretary"; and
(b) in sub-section (2), for "Director-General" substitute
"Secretary"; and
(c) in sub-section (3), for "Director-General" substitute
30 "Secretary".
14. In section 22(4), for "Director-General" substitute
"Secretary".
15. In section 22A--
(a) in sub-section (2), for "Director-General" substitute
35 "Secretary"; and
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(b) in sub-section (3), for "Director-General" (wherever
occurring) substitute "Secretary"; and
(c) in sub-section (4), for "species" substitute "taxon";
and
5 (d) in sub-section (5)--
(i) for "Director-General" (wherever occurring)
substitute "Secretary"; and
(ii) for "species" substitute "taxon"; and
(e) in sub-section (6), for "Director-General" substitute
10 "Secretary"; and
(f) in sub-section (9), for "Director-General" substitute
"Secretary".
16. In section 23--
(a) in sub-section (1)--
15 (i) for "Director-General" (wherever occurring)
substitute "Secretary"; and
(ii) for "species" substitute "taxon"; and
(b) in sub-section (2), for "Director-General" substitute
"Secretary".
20 17. In section 25--
(a) in sub-section (2), for "Director-General" substitute
"Secretary"; and
(b) in sub-section (3), for "Director-General" substitute
"Secretary"; and
25 (c) in sub-section (4), for "Director-General" substitute
"Secretary".
18. In section 29--
(a) for "Director-General" (wherever occurring)
substitute "Secretary"; and
30 (b) in paragraph (i), for "species" substitute "taxon".
19. In section 32--
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(a) in sub-section (1), for "species" substitute "taxon";
and
(b) in sub-section (3)--
(i) for "Director-General" substitute "Secretary";
5 and
(ii) for "species" substitute "taxon"; and
(c) in sub-section (4), for "Director-General" substitute
"Secretary".
20. In section 33--
10 (a) in sub-section (1), for "species" substitute "taxon";
and
(b) in sub-section (3), for "Director-General" substitute
"Secretary"; and
(c) in sub-section (4), for "Director-General" substitute
15 "Secretary".
21. In section 34--
(a) in sub-section (2), for "Minister of Water Supply"
substitute "Minister administering the Water Act
1989"; and
20 (b) in sub-section (4), for "Director-General" substitute
"Secretary".
22. In section 35(2), for "Director-General" substitute
"Secretary".
23. In section 46, for "Director-General" substitute "Secretary".
25 24. In section 49(1), for "species" (wherever occurring)
substitute "taxon".
25. In section 50--
(a) in sub-section (1), for "Director-General" substitute
"Secretary"; and
30 (b) in sub-section (2)--
(i) for "Director-General" (wherever occurring)
substitute "Secretary"; and
(ii) in paragraph (d), for "species" substitute
"taxon"; and
35 (iii) in paragraph (e), for "species" substitute
"taxon"; and
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(c) in sub-section (3), for "Director-General" substitute
"Secretary".
26. In section 51, for "Director-General" substitute "Secretary".
27. In section 52--
5 (a) for "Director-General" substitute "Secretary"; and
(b) for "species" (wherever occurring) substitute
"taxon".
28. In section 53, for "Director-General" substitute "Secretary".
29. In section 54(2)--
10 (a) for "Director-General" substitute "Secretary"; and
(b) for "Director-General's" substitute "Secretary's".
30. In section 55, for "Director-General" substitute "Secretary".
31. In section 56(3), for "Director-General" substitute
"Secretary".
15 32. In section 59(1)(g), for "Director-General" substitute
"Secretary".
33. In section 62A, for "Director-General" substitute
"Secretary".
34. In the definition of "animal" in section 71(1), for "species"
20 substitute "taxon".
35. In section 73--
(a) in sub-section (2), for "Director-General" (wherever
occurring) substitute "Secretary"; and
(b) in sub-section (2A), for "Director-General" substitute
25 "Secretary".
36. In section 74--
(a) in sub-section (2), for "Director-General" (wherever
occurring) substitute "Secretary"; and
(b) in sub-section (3), for "Director-General" substitute
30 "Secretary".
37. In section 74B, for "Director-General" (wherever occurring)
substitute "Secretary".
38. In section 74C, for "Director-General" substitute
"Secretary".
35 39. In section 74D--
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(a) in sub-section (1), for "Director-General" substitute
"Secretary"; and
(b) in sub-section (2), for "Director-General" substitute
"Secretary".
5 40. In section 77 (1)--
(a) in paragraph (d), for "Director-General" substitute
"Secretary"; and
(b) in paragraph (e), for "Director-General" substitute
"Secretary".
10 41. In section 78--
(a) in sub-section (1), for "Director-General" (wherever
occurring) substitute "Secretary"; and
(b) in sub-section (4), for "Director-General" substitute
"Secretary".
15 42. In section 79(2), for "Director-General" substitute
"Secretary".
43. In section 81--
(a) for "Director-General" (wherever occurring)
substitute "Secretary"; and
20 (b) in paragraph (b), for "species" substitute "taxon".
44. In section 82--
(a) in sub-section (1), for "Director-General" (wherever
occurring) substitute "Secretary"; and
(b) in sub-section (2), for "Director-General" (wherever
25 occurring) substitute "Secretary"; and
(c) in sub-section (3), for "Director-General" substitute
"Secretary"; and
(d) in sub-section (4), for "Director-General" (wherever
occurring) substitute "Secretary"; and
30 (e) in sub-section (5), for "Director-General" (wherever
occurring) substitute "Secretary"; and
(f) in sub-section (6), for "Director-General" substitute
"Secretary".
45. In section 86--
35 (a) in sub-section (1)(a), for "species" substitute "taxon";
and
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(b) in sub-section (2)(a), for "species" substitute "taxon";
and
(c) in sub-section (2)(b), for "species" (wherever
occurring) substitute "taxon"; and
5 (d) in sub-section (3)(b), for "species" substitute "taxon".
46. In section 86A--
(a) in sub-section (1), for "Director-General" (wherever
occurring) substitute "Secretary"; and
(b) in sub-section (1)(a), for "species" (wherever
10 occurring) substitute "taxon"; and
(c) in sub-section (2)(a), for "species" substitute "taxon";
and
(d) in sub-section (3)(b), for "species" (wherever
occurring) substitute "taxon".
15 47. In section 87--
(a) in sub-section (1)(f), for "species" (wherever
occurring) substitute "taxon"; and
(b) in sub-section (1)(z), for "species" substitute "taxon";
and
20 (c) in sub-section (2), for "species" substitute "taxon";
and
(e) in sub-section (3), for "species" (wherever occurring)
substitute "taxon".
25
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Notes
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NOTES
By Authority. Government Printer for the State of Victoria.
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