Victorian Consolidated Regulations

Wildlife Regulations 2002 - SECT 19

Persons exempt from operation of section 47 of the Act

19. Persons exempt from operation of section 47 of the Act



(1) If a person keeps, possesses, buys, sells, displays or disposes of-

   (a)  wildlife listed in Part A of Schedule 5; or

   (b)  infertile eggs of wildlife listed in Schedule 8-

the keeping, possessing, buying, selling, displaying or disposing of that
wildlife by that person is exempt from the operation of section 47 of the Act,
if the wildlife has been bred in captivity or is from a source approved by the
Secretary, and if the keeping, possessing, buying, selling, displaying or
disposing of that wildlife is not for the purposes of hunting.

(2) If a person breeds-

   (a)  wildlife listed in Part A of Schedule 5; or

   (b)  infertile eggs of wildlife listed in Schedule 8-

the breeding of that wildlife by that person is exempt from the operation of
section 47 of the Act, if the wildlife is bred from specimens that have been
bred in captivity or that are from a source approved by the Secretary, and if
the breeding of that wildlife is not for the purposes of hunting.

(3) If a person keeps or possesses wildlife listed in Part B of Schedule 5,
the keeping or possessing of that wildlife by that person is exempt from the
operation of section 47 of the Act, if the wildlife has been bred in captivity
or is from a source approved by the Secretary.

(4) If a person breeds wildlife listed in Part B of Schedule 5, the breeding
of that wildlife by that person is exempt from the operation of section 47 of
the Act, if the wildlife is bred from specimens that have been bred in
captivity or that are from a source approved by the Secretary.

(5) If a person buys, acquires, sells or disposes of wildlife listed in Part B
of Schedule 5 and does not sell the wildlife from a shop or business premises,
the buying, acquiring, selling or disposing of that wildlife by that person is
exempt from the operation of section 47 of the Act, if the wildlife has been
bred in captivity or is from a source approved by the Secretary.

(6) If a person sells or disposes of wildlife listed in Part B of Schedule 5,
the sale or disposal (as the case requires) is exempt from the operation of
section 47 of the Act if¾

   (a)  the wildlife is sold to the holder of a Wildlife Dealer Licence; and

   (b)  the person selling the wildlife has had produced by the person
        acquiring the wildlife, proof of the acquirer's identity and of the
        Wildlife Dealer Licence he or she holds; and

   (c)  the wildlife has been bred in captivity or is from a source approved
        by the Secretary.

(7) If a person possesses, buys, sells, displays, disposes of or processes
(other than for the purposes of taxidermy) wildlife listed in Part A or Part C
of Schedule 6, the possessing, buying, selling, displaying, disposing of or
processing (other than for the purposes of taxidermy) of that wildlife by that
person is exempt from the operation of section 47 of the Act, if the wildlife
has been bred in captivity or is from a source approved by the Secretary.



(8) If a person breeds (other than for the purposes of taxidermy) wildlife
listed in Part A or Part C of Schedule 6, the breeding (other than for the
purposes of taxidermy) of that wildlife by that person is exempt from the
operation of section 47 of the Act, if the wildlife is bred from specimens
that have been bred in captivity or that are from a source approved by the
Secretary.

(9) If a person possesses game, the possessing of the game is exempt from the
operation of section 47 of the Act, if the game has been taken, hunted and
destroyed in accordance with a game licence and during the open season for
that taxon of game.

(10) If a person possesses, buys or sells-

   (a)  parts of wildlife listed in Part B of Schedule 6 in any form; or

   (b)  the shells of the eggs of emus (Dromaius novaehollandiae)¾

that have been processed (but not taxidermied) in accordance with the Act or
the corresponding law of another State or a Territory of the Commonwealth, the
possessing, buying or selling of that wildlife by that person is exempt from
the operation of section 47 of the Act, if that wildlife has, or the shells of
the eggs are from emus that have, been bred in captivity or are from a source
approved by the Secretary.