WILDLIFE ACT 1975 - SECT 51 Marking protected wildlife

WILDLIFE ACT 1975 - SECT 51

S. 51(1) amended by Nos 87/1997

s. 42(Sch. item 26), 45/2008 s. 17(1).

    (1)     Any person who marks protected wildlife by means of a ring, band, dye, or other means whatsoever shall be guilty of an offence against this Act.

Penalty:     100 penalty units.

S. 51(1A) inserted by No. 45/2008 s. 17(2).

    (1A)     Subsection (1) does not apply to a person—

        (a)     who holds a licence or authorisation that authorises the person to handle and mark the wildlife, when that person is acting in accordance with the licence or authorisation; or

        (b)     who is a member of a class of person in respect of whom an authorisation order has been made that authorises the handling and marking of the wildlife, when that person is acting in accordance with the order.

S. 51(2) inserted by No. 87/1997

s. 17(2), substituted by No. 45/2008 s. 17(3).

    (2)     A person must not interfere with a mark which has been placed on protected wildlife in accordance with this Act.

Penalty:     100 penalty units.

S. 51(3) inserted by No. 45/2008 s. 17(3).

    (3)     Subsection (2) does not apply to—

        (a)     an authorised officer who is acting in the course of his or her duties; or

        (b)     a person who holds a licence or authorisation that authorises the interfering with markings on protected wildlife, when that person is acting in accordance with the licence or authorisation; or

        (c)     who is a member of a class of person in respect of whom an authorisation order has been made that authorises the interfering with markings on protected wildlife, when that person is acting in accordance with the order.

S. 52 amended by Nos 41/1987 s. 103(Sch. 4 item 76.52), 70/1990 s. 12(1)(e), 87/1997

s. 42(Sch. item 27(a)(b)).