capacity to take the animal. If you are not able to find another wildlife shelter operator or foster carer who has the capacity to take the animal, then it should be humanely euthanised.

### Failure to comply with conditions

Failure to comply with the conditions of your authorisation is an offence under section 28B (‘Offence of failing to comply with conditions of authorisation’) of the Wildlife Act 1975. Failure to comply can result in fines of up units2 to 50 penalty ($8059.50 as at 1 July 2018). If you are not complying with the conditions of your authorisation, you may also be committing offences under section 41 (‘Hunting, taking or destroying threatened wildlife’) and 43 (‘Hunting, taking or destroying protected wildlife’) of the Wildlife Act 1975. Offences under section 41 carry a penalty of 240 penalty units ($38,685.60 as at 1 July 2018) or 24 months imprisonment or both the fine and imprisonment and an additional penalty of 20 penalty units ($3223.80 as at 1 July 2018) for every head of wildlife in respect of which an offence has been committed. Offences under section 43 carry a penalty of 50 penalty units ($8059.50 as at 1 July 2018) or 6 months imprisonment or both the fine and imprisonment and an additional penalty of 5 penalty units ($805.95 as at 1 July 2018) for every head of wildlife in respect of which an offence has been committed. In addition, the welfare of all animals in Victoria is protected under the Prevention of Cruelty to Animals Act 1986 (POCTA Act) under which anyone who commits an act of cruelty or aggravated cruelty is liable for an offence. Failure to comply with some of the conditions of your authorisation may constitute an offence under the POCTA Act (for example undertaking surgical treatment on animals in your care). The penalties for offences under the POCTA Act are considerable; fines of up to $40,297.50 or jail for up to 12 months for animal cruelty (for individuals), and fines of up to $80,595 or imprisonment for up to two years for aggravated cruelty. Aggravated cruelty is cruelty that causes the death or serious disablement of an animal.

####### How to report illegal possession of wildlife and non-compliance

If you suspect someone is holding wildlife unlawfully you can report Wildlife Crime to Crime Stoppers on 1800 333 000 or at https://www.crimestoppersvic.com.au/report-a-crime/ To report someone not complying with the conditions of their authorisation, you can report it to your local DELWP office (see Appendix 1), or via the DELWP Customer Contact Centre on 136 186.

### Authorisation conditions

#### Species not covered by your authorisation

Condition 1 You must not acquire, receive, possess, destroy (euthanase) or dispose of the following wildlife: whales, dolphins, seals, marine turtles, platypus, fish, deer, non-indigenous quail, pheasants and partridges.

######## Objective

To ensure that wildlife that requires specialist care, treatment and rehabilitation, receives it.

######## How to comply

Authorised wildlife shelter operators and registered foster carers can rehabilitate most native wildlife indigenous to Australia or its territorial waters. However, whales, dolphins, seals, marine turtles and platypus require highly specialised care facilities and trained personnel to be rehabilitated successfully. The following actions are recommended if you encounter animals not covered by your Authorisation:

- • Exotic and Pest Animals (e.g. established pests like foxes and exotic pests like Boa Constrictors, Red Eared Slider Turtles, Hedgehogs, Squirrels and Corn Snakes) You are not authorised to care for, keep, sell or release pest animals. It is an offence under the Catchment and Land Protection Act 1994 to import, keep or sell pest animals. Call 136 186 to report a pest animal.

Wildlife Shelter and Foster Carer Authorisation Guide – V5.00 July 2019

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