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WILDLIFE ACT 1975 - SECT 70 Cancellation of licence upon conviction for offence

WILDLIFE ACT 1975 - SECT 70

Cancellation of licence upon conviction for offence

    (1)     Where the holder of a licence, permit, or other authority under this Act or the regulations or any proclamation is convicted by a court for an offence against this Act or the regulations or any proclamation the court may, in addition to imposing any other penalty, order that the licence, permit, or authority be cancelled or be suspended for such period as the court thinks fit and where it so cancels a licence, permit, or authority, may disqualify the person convicted from obtaining any such licence, permit, or authority for any specified period.

S. 70(1A) inserted by No. 87/1997

s. 28.

    (1A)     If a court has cancelled or suspended a licence, permit or authority under subsection (1), the court may order that—

        (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 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 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 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 not that person has previously successfully completed the test).

S. 70(1B) inserted by No. 87/1997

s. 28.

    (1B)     If a court makes an order under subsection (1A), the suspension or cancellation of the licence, permit or authorisation remains in force, despite any other provision of this Act, until the test has been successfully completed.

S. 70(2) inserted by No. 70/1990 s. 6(9).

    (2)     A court which cancels or suspends a licence issued under section 22 may, in determining the date when the cancellation or suspension takes effect, have regard to the need for a licence holder to dispose of any wildlife in his or her possession under that licence.

S. 70A inserted by No. 87/1997

s. 29.