Western Australian Consolidated Acts Western Australian Consolidated Acts (1)(a) Subject to the
provisions of paragraph (b), the skins of fauna taken in the State, and
whether taken lawfully or not, and the carcasses of such species of kangaroo
as is prescribed which are so taken, are charged with payment of royalty to
the Crown at the rates prescribed by the regulations.
(aa) The
rates of royalty so prescribed may be uniform or vary according to the kind of
fauna from which the skin is taken or the kind of carcass and the purpose for
which the skin or carcass is taken, unless by the regulations the skin or
carcass is exempt from payment of royalty.
(b) The
Minister may from time to time and for such period as he thinks fit, by notice
published in the Gazette , exempt from the payment of royalty skins or
carcasses taken from a specified part of the State by a specified class or
classes of persons.
(c) The
Minister may from time to time cancel the notice or vary it by way of
addition, substitution or otherwise.
(2) Where a person
removes the skin of fauna which he has taken for the purpose of selling the
skin or the carcass of the fauna or both for profit, he shall pay the
prescribed royalty in respect of the skin or the carcass of the fauna or both
unless exempted pursuant to the provisions of the regulations or the notice
referred to in subsection (1)(b).
(3) A person who buys
or sells skins or carcasses of fauna, whether as principal or agent shall,
unless the skins or carcasses are exempted from payment of royalty, or royalty
has, at the time of the buying or selling, been paid, be liable for payment of
the prescribed royalty thereon.
(4) Wildlife officers
or officers appointed and authorised to receive royalty pursuant to the
provisions of this Act shall, on receipt of royalty, brand or cause to be
branded in manner prescribed, each skin or carcass in respect of which the
royalty is paid, or affix or cause to be affixed to each such skin or carcass
a prescribed tag, as evidence of the payment.
(5) Skins or carcasses
of prescribed fauna intended for export and exempt from payment of royalty
shall be branded by the wildlife officer or the officer so authorised with a
prescribed brand or shall have a prescribed tag affixed to them by that
officer.
(6) By virtue of this
section a wildlife officer or an officer so authorised may seize and take
control of any skin or carcass upon which royalty is payable but has not been
paid and may retain the skin or carcass until the royalty is paid or it is
sold or otherwise disposed of pursuant to the provisions of section 20A.
(7) The Minister, by
virtue of this subsection, may sue for and recover royalty payable pursuant to
the provisions of this section, in a court of competent jurisdiction, and may
apply for, and if the court sees fit, obtain an order for the sale of such
skin or carcass, and where a skin or carcass is sold pursuant to an order of
the court, the proceeds of the sale shall, after payment of the costs of the
sale and proceedings before the court, be appropriated to payment of the
royalty, and any balance of the proceeds then remaining shall be applied as
the court directs.
(8) A person who
neglects or fails to make, or who evades, or attempts to evade, payment of
royalty payable by him pursuant to the provisions of this section, commits an
offence against this Act.
[Section 18 amended by No. 38 of 1954
s. 9; No. 99 of 1969 s. 11; No. 67 of 1975 s. 21;
No. 34 of 1977 s. 7; No. 57 of 1997 s. 132(6), (7) and
(8).]
[ 19. Repealed by
No. 112 of 1984 s. 9.]