Wildlife (Penalties and Related Matters) Amendment Act 2000

1: Title
1: This Act is the Wildlife (Penalties and Related Matters) Amendment Act 2000.
2: In this Act, the Wildlife Act 1953 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to increase the penalties for offences committed against the principal Act; and
b: to introduce a 3-tiered system of penalties for offences committed against the principal Act, with each tier providing a higher penalty for offences committed by bodies corporate; and
c: to abolish penalties for continuing offences and replace them with penalties for each head of wildlife and egg of wildlife in respect of which an offence is committed; and
d: to clarify the basis of liability for offences, by indicating which offences are offences of strict liability and which offences require the prosecution to prove that the defendant intended to commit the offence; and
e: to provide for other matters relating to the enforcement of the principal Act generally.
4: New
section 56A The principal Act is amended by inserting, after section 56
56A: Application of
Customs and Excise Act 1996 Sections 149, 160, and 161 of the Customs and Excise Act 1996
5: New
section 65A The principal Act is amended by inserting, after section 65
65A: Liability of directors and managers
1: Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate is guilty of the same offence if the prosecution proves—
a: that the act that constituted the offence took place with the director's or manager's authority, permission, or consent; or
b: that the director or manager knew or could reasonably be expected to have known that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
2: Where any director or person concerned in the management of a body corporate is convicted of an offence against this Act by virtue of subsection (1)
6: New
sections 67A to 67H The principal Act is amended by inserting, after section 67
67A: Penalties for offences in respect of absolutely protected wildlife
1: A person convicted of an offence under any of the provisions listed in subsection (2)
a: in the case of an individual,—
i: to imprisonment for a term not exceeding 6 months; or
ii: to a fine not exceeding $100,000 plus a further fine not exceeding $5,000 for each head of wildlife and egg of wildlife in respect of which the offence is committed:
b: in the case of a body corporate, to a fine not exceeding $200,000 plus a further fine not exceeding $10,000 for each head of wildlife and egg of wildlife in respect of which the offence is committed.
2: The provisions are—
a: section 56(5)(a)
b: section 63(1A)(a)
c: section 65(2)(a)
d: section 65(3)(a)
67B: Penalty for offence of liberating wildlife
A person convicted of an offence under section 56(4)
a: in the case of an individual,—
i: to imprisonment for a term not exceeding 6 months; or
ii: to a fine not exceeding $100,000 plus a further fine not exceeding $5,000 for each head of wildlife in respect of which the offence is committed:
b: in the case of a body corporate, to a fine not exceeding $200,000 plus a further fine not exceeding $10,000 for each head of wildlife in respect of which the offence is committed.
67C: Penalties for offences in respect of partially protected wildlife
1: A person convicted of an offence under any of the provisions listed in subsection (2)
a: in the case of an individual, to a fine not exceeding $10,000 plus a further fine not exceeding $500 for each head of wildlife and egg of wildlife in respect of which the offence is committed:
b: in the case of a body corporate, to a fine not exceeding $20,000 plus a further fine not exceeding $1,000 for each head of wildlife and egg of wildlife in respect of which the offence is committed.
2: The provisions are—
a: section 56(5)(b)
b: section 63(1A)(b)
c: section 65(2)(b)
d: section 65(3)(b)
67D: Penalty for offence of obstructing ranger
A person convicted of an offence under section 40(1) (which relates to obstructing a ranger or other authorised person) is liable,—
a: in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $10,000.
67E: Penalties for offences in respect of game
1: A person convicted of an offence under any of the provisions listed in subsection (2)
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $10,000.
2: The provisions are—
a: section 17(8)
b: section 19(5)
c: section 22A
d: section 23(2A)
3: A person convicted of an offence under any of the provisions listed in subsection (4)
a: in the case of an individual, to a fine not exceeding $5,000 plus a further fine not exceeding $100 for each head of game and egg of game in respect of which the offence is committed:
b: in the case of a body corporate, to a fine not exceeding $10,000 plus a further fine not exceeding $200 for each head of game and egg of game in respect of which the offence is committed.
4: The provisions are—
a: section 15(6)
b: section 16(2)
c: section 17(2)
d: section 17(3)
e: section 17(6)
f: section 18(1A)
g: section 19(1)
h: section 22(1)
i: section 63(1A)(c)
j: section 65(2)(c)
k: section 65(3)(c)
67F: Penalties for other offences
1: A person convicted of an offence under any of the provisions listed in subsection (2)
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $10,000.
2: The provisions are—
a: section 14(3A)
b: section 17(7)
c: section 51
d: section 53(7)
e: section 58(1)
f: section 59(5)
g: section 59(5A)
h: section 59(6)
i: section 61(2)
j: section 61(6)
k: section 62(2)
l: section 65(1)
m: section 65(3)(d)
n: section 66(2)
o: section 66(3)
3: A person convicted of an offence under any of the provisions listed in subsection (4)
a: in the case of an individual, to a fine not exceeding $5,000 plus a further fine not exceeding $100 for each head of wildlife and egg of wildlife in respect of which the offence is committed:
b: in the case of a body corporate, to a fine not exceeding $10,000 plus a further fine not exceeding $200 for each head of wildlife and egg of wildlife in respect of which the offence is committed.
4: The provisions are—
a: section 6(3)
b: section 7(2)
c: section 7C(2)
d: section 9(4)
e: section 14(1C)
f: section 14A(4)
g: section 56(5)(c)
h: section 64
67G: Sentence of community service
Despite section 29 of the Criminal Justice Act 1985 Part III of that Act
67H: Offenders also liable for loss or damage
1: A person convicted of an offence against this Act is liable, in addition to the penalty for the offence, for any loss or damage or expenses arising from or caused by the act constituting the offence.
2: The amount payable under subsection (1)
3: In assessing any amount payable under subsection (1)
a: may take into account salaries, wages, and incidental expenses incurred in the investigation of the act constituting the offence or in remedying the loss or damage caused by the act; and
b: must take into account all other relevant factors.
7: New
section 68AB The principal Act is amended by inserting, after section 68A
68AB: Mens rea
1: In any prosecution for an offence under any of the provisions listed in subsection (5)
2: In any prosecution for an offence under a provision that is not listed in subsection (5)
3: It is a defence in any prosecution for an offence not listed in subsection (5)
a: that the defendant did not intend to commit the offence; and
b: that,—
i: in any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done:
ii: in any case where it is alleged that anything prohibited was done, that the defendant took all reasonable steps to ensure that it was not done.
4: The defence provided in subsection (3)
5: The provisions are—
a: section 17(6)(c)
b: section 40(1)
c: section 58(1)(a)
d: section 59(5A)
e: section 59(6)
f: section 65(2)
g: section 66(2)
6: Sections 63A and 63B
8: Other amendments to Principal Act
The principal Act is amended in the manner indicated in the Schedule