Victorian Consolidated Legislation

Wildlife Act 1975 - SECT 68

Simplification of proof

68. Simplification of proof



(1) For the purposes of this Act any person having in his possession wildlife
and a gun or other weapon, net, trap, or snare shall be deemed unless the
contrary is proved by that person to have taken that wildlife by the use of
such equipment.



(2) Where the taking or killing of a particular kind of wildlife is prohibited
by the regulations in any particular place any person proved to have wildlife
of that kind in his possession in upon or adjacent to that area shall be
deemed unless the contrary is proved by that person to have taken or killed
that wildlife in that area.

(3) Where the taking or killing of a particular kind of wildlife is prohibited
generally any person proved to have wildlife of that kind in his possession in
upon or adjacent to a habitat of that wildlife shall be deemed unless the
contrary is proved by that person to have taken or killed that wildlife in
that habitat.

(4) Without in any way limiting or derogating from the generality of any other
provisions of this Act with respect to the taking of protected wildlife a
person shall be deemed to take protected wildlife-

   (a)  who has protected wildlife, whether alive or dead, in his possession
        or under his control or in a vehicle or boat in which he is travelling
        or using or in a dwelling-house owned or occupied by him;

   (b)  who shoots protected wildlife with a gun or with a missile discharged
        from any other weapon;

   (c)  who captures protected wildlife in a trap, snare, or net;

   (d)  who poisons protected wildlife by any bait set or laid by him in a
        sanctuary or in a habitat of protected wildlife.

(5) Without in any way limiting or derogating from the generality of any other
provisions of this Act with respect to the hunting of protected wildlife and
without prejudice to any other means of proving that any person was hunting
protected wildlife a person shall be deemed to be hunting protected wildlife-

   (a)  who discharges a gun or other weapon at protected wildlife;

   (b)  who in upon or adjacent to a sanctuary State Wildlife Reserve or lake,
        marsh, swamp, waters or land being the recognized habitat of protected
        wildlife carries, uses, controls or possesses a gun or other weapon;

   (c)  who in a sanctuary or State Wildlife Reserve has with him a dog of a
        recognized hunting breed whether or not he also has a gun or other
        weapon;

   (d)  who sets a trap, snare, or net in upon or adjacent to a sanctuary
        State Wildlife Reserve or lake, marsh, swamp or waters being the
        habitat of protected wildlife;

   (e)  who lays poison in a sanctuary or State Wildlife Reserve.

(6) Any person who in a newspaper or by notice on his property advertises
wildlife for sale shall be deemed until the contrary is proved to have exposed
for sale the protected wildlife mentioned in the advertisement or notice.