S. 3(1) def. of authorisation order inserted by No. 45/2008 s. 3(2)(a). authorisation order means an order made under section 28G or 28H; S. 3(1) def. of authorised officer inserted by No. 41/1987 s. 103(Sch. 4 item 76.2). authorised officer means a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of this Act; S. 3(1) def. of banning notice inserted by No. 11/2014 s. 17(3). banning notice means a notice given under section 58G; boat means any form of transportation on water; buy means buy or purchase and includes agreeing to buy or purchase, receiving or accepting under an agreement to buy or purchase and acquiring by barter or exchange; S. 3(1) def. of close season amended by No. 87/1997 s. 42(Sch. item 1(a)), substituted by No. 11/2014 s. 17(1). close season in relation to a kind or taxon of wildlife, means any part or parts of the year during which the taking of that kind or taxon of wildlife is prohibited— (a) by a notice under section 86; or (b) by the regulations; S. 3(1) def. of controlled wildlife amended by No. 87/1997 s. 42(Sch. item 1(b)). controlled wildlife means any kind or taxon of wildlife declared by the Governor in Council by Order published in the Government Gazette to be controlled wildlife for the purposes of this Act; S. 3(1) def. of Department inserted by No. 41/1987 s. 103(Sch. 4 item 76.3). Department has the same meaning as in the Conservation, Forests and Lands Act 1987;
S. 3(1) def. of inserted by No. 41/1987 s. 103(Sch. 4 item 76.4), repealed by No. 87/1997 s. 5(1)(b). * * * * * S. 3(1) def. of Director repealed by No. 41/1987 s. 103(Sch. 4 item 76.4). * * * * * S. 3(1) def. of Division repealed by No. 41/1987 s. 103(Sch. 4 item 76.5). * * * * * s. 3 S. 3(1) def. of endangered wildlife inserted by No. 87/1997 s. 5(1)(a), repealed by No. 45/2008 s. 3(2)(b). * * * * * S. 3(1) def. of exclusion order inserted by No. 11/2014 s. 17(3). exclusion order means an order made under section 58M; S. 3(1) def. of firearm inserted by No. 87/1997 s. 5(1)(a). firearm has the same meaning as in the Firearms Act 1996; S. 3(1) def. of game amended by No. 87/1997 s. 42(Sch. item 1(c)). game means any kind or taxon of wildlife declared by the Governor in Council by Order published in the Government Gazette to be game for the purposes of this Act;
S. 3(1) def. of open season amended by No. 87/1997 s. 42(Sch. item 1(d)), substituted by No. 11/2014 s. 17(2). open season in relation to a kind or taxon of wildlife, means any part or parts of the year during which the taking of that kind or taxon of wildlife is permitted— (a) by an order under section 28G; or (b) by a notice under section 86; or (c) by the regulations; prescribed means prescribed by regulations under this Act; proclamation means any proclamation of the Governor in Council made under or continued in force by this Act; S. 3(1) def. of protected wildlife amended by Nos 9505 s. 2(1)(a)–(c), 52/1994 s. 97(Sch. 3 item 36.1(a)(b)), 87/1997 ss 5(1)(c), 42(Sch. item 1(e)). protected wildlife means all wildlife other than those kinds or taxon which— (i) is a pest animal within the meaning of the Catchment and Land Protection Act 1994; or (ii) the Governor in Council from time to time by Order published in the Government Gazette declares to be unprotected wildlife; or s. 3 (iii) are specified by Order of the Governor in Council published in the Government Gazette pursuant to section 7A; S. 3(1) def. of seal inserted by No. 45/2008 s. 3(1)(a). seal means any wildlife that is a member of the family Otariidae or the family Phocidae; S. 3(1) def. of seal tour inserted by No. 45/2008 s. 3(1)(a). seal tour means an activity conducted for profit that involves— (a) one or more persons, on land, observing or interacting with seals; or
S. 21(3) inserted by No. 9505 s. 5(8)(b), amended by Nos 41/1987 s. 103(Sch. 4 item 76.26), 70/1990 s. 12(1)(b), 87/1997 s. 42(Sch. item 13(c)). (3) Any person who without the authority in writing of the Secretary takes, destroys, hunts, injures or wilfully disturbs wildlife or takes destroys or damages any native flora in a Nature Reserve shall be guilty of an offence against this Act. 25 penalty units. S. 21AA inserted by No. 46/2012 s. 23. 21AA Offence to cut or take away fallen or felled trees (1) A person must not cut or take away 2 cubic metres or less of fallen or felled trees in a State Wildlife Reserve or a Nature Reserve. Penalty: 20 penalty units. (2) A person must not cut or take away more than 2 cubic metres of fallen or felled trees in a State Wildlife Reserve or a Nature Reserve. Penalty: 50 penalty units or imprisonment for 1 year or both. (3) Subsections (1) and (2) do not apply to a person who— (a) cuts or takes away fallen or felled trees in a State Wildlife Reserve or a Nature Reserve in accordance with a lease, licence, permit or authorisation held by the person under this Act or any other Act; or (b) cuts or takes away fallen or felled trees in a State Wildlife Reserve or a Nature Reserve in accordance with the regulations or regulations under any other Act. (4) In this section— s. 21AA fallen or felled trees includes parts of fallen or felled trees;
S. 24 amended by Nos 9505 s. 8, 9578 s. 3, 9643 s. 2(a)(i)–(vii), 9851 s. 2(a)–(j), 90/1989 s. 14(c), repealed by No. 70/1990 s. 6(1)(e). * * * * * 25 Duration of licence S. 25(1) amended by Nos 90/1989 s. 14(c), 70/1990 s. 6(1)(f), 87/1997 s. 11. s. 25 (1) Every licence referred to in section 22 shall, unless sooner cancelled, suspended or surrendered under this Act, remain in force for the period specified in the licence but not in any case exceeding three years. S. 25(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.30), 90/1989 s. 14(c), substituted by No. 70/1990 s. 6(7), 87/1997 s. 42(Sch. item 17(a)). (2) An application to the Secretary for the renewal of a licence under section 22 must be made in the prescribed manner. S. 25(3) amended by Nos 41/1987 s. 103(Sch. 4 item 76.30), 70/1990 s. 6(1)(g), 87/1997 s. 42(Sch. item 17(b)). (3) Every renewal shall be subject to such conditions, limitations, and restrictions as are prescribed or as the Secretary thinks fit and are expressed or referred to in the licence.
(1) If the Secretary is satisfied that there are reasonable grounds to do so, the Secretary may cancel an authorisation. (2) Before cancelling an authorisation the Secretary must— (a) notify the holder that it is proposed to cancel the authorisation; and (b) allow the holder of the authorisation an opportunity to make either oral or written submissions. (3) Submissions under subsection (2) must be made within the period specified in the notice. (4) In making a decision as to whether or not to cancel an authorisation, the Secretary must— (a) have regard to any submissions made under subsection (2) within the period specified in the notice; and (b) must notify the holder of the decision. (5) A cancellation under this section has effect from the time specified in the notice under subsection (4). s. 28F (6) Any wildlife held under an authorisation which has been cancelled under this section must be disposed of in accordance with the directions of the Secretary. _______________ Pt 3B (Heading and ss 28G–28K) inserted by No. 45/2008 s. 5.
50 penalty units or 6 months imprisonment or both the fine and imprisonment and an additional penalty of 5 penalty units for every head of wildlife in respect of which an offence has been committed. S. 47(2) substituted by No. 45/2008 s. 12(1). (2) Subsection (1) does not apply to a person— (a) who holds a licence or authorisation that authorises the buying, selling, acquiring, receiving, disposing of, keeping, possessing, controlling, breeding, processing, displaying, taking samples from or experimenting on other protected wildlife, when that person is acting in accordance with the licence or authorisation; or (b) who is a member of a class of person in respect of whom an authorisation order has been made that authorises the buying, selling, acquiring, receiving, disposing of, keeping, possessing, controlling, breeding, processing, displaying, taking samples from or experimenting on other protected wildlife, when that person is acting in accordance with the order. S. 47(3) amended by No. 45/2008 s. 12(2). (3) In this section other protected wildlife means protected wildlife which is not threatened wildlife. S. 47A (Heading) inserted by No. 45/2008 s. 13(1). S. 47A inserted by No. 87/1997 s. 14, amended by No. 45/2008 s. 13(2). s. 47A 47A Exemptions from certain sections Sections 41, 43, 44, 45 and 47 do not apply to any person or class of persons exempted by the regulations from the operation of all or any of the sections.
S. 47B inserted by No. 87/1997 s. 14, repealed by No. 45/2008 s. 14, new s. 47B inserted by No. 62/2010 s. 136, amended by No. 4/2013 s. 35(2). 47B Offences not to apply for authorised traditional owners s. 47B Sections 41, 43, 44, 45 and 47 do not apply to a person who is a member of a traditional owner group when that person is acting under and in accordance with an authorisation order given under section 83 of the Traditional Owner Settlement Act 2010. S. 47C inserted by No. 87/1997 s. 14. 47C Employees of licence holders S. 47C(1) amended by No. 45/2008 s. 15. (1) Sections 41, 43, 45 and 47 do not apply to the taking, destroying, buying, selling, acquiring, receiving, disposing of, keeping, possessing, controlling, breeding, processing or displaying of or taking samples from or experimenting on any taxon of wildlife by an employee of the holder of a licence if that taking, destroying, buying, selling, acquiring, receiving, disposal, keeping, possessing, controlling, breeding, processing, displaying, taking samples from or experimenting on is in accordance with the licence and this Act. (2) If an employee of the holder of a licence engages in conduct on behalf of the licence holder within the scope of the employee's actual or apparent authority, the licence holder is deemed, for the purposes of a prosecution for an offence against this Act or the regulations, also to have engaged in the conduct, unless the licence holder establishes that the licence holder took reasonable precautions and exercised due diligence to avoid the conduct. S. 47D inserted by No. 87/1997 s. 14. 47D Wildlife unlawfully taken (1) A person must not have wildlife in his or her possession or control if that wildlife has been taken, destroyed, acquired, received, bought, sold,
(d) require the placing of wildlife in quarantine for such periods, at such premises and under such conditions as are expedient for preventing the spread of disease; and (e) subject wildlife to such restrictions or remedial measures as are necessary to prevent the introduction and spread of disease. S. 49(2) amended by No. 70/1990 s. 12(1)(e). (2) Any person who has in his possession or releases from captivity or confinement any wildlife contrary to the provisions of any Order made under this section shall be guilty of an offence against this Act. 50 penalty units. S. 50 amended by No. 41/1987 s. 103(Sch. 4 item 76.50), substituted by No. 70/1990 s. 9. 50 Import and export permits S. 50(1) amended by No. 87/1997 ss 16(1), 42(Sch. item 25(a)). s. 50 (1) A person must not— (a) import wildlife into from another State or Territory of the Commonwealth; or (b) export wildlife from to another State or Territory of the Commonwealth— without a permit issued by the Secretary. 100 penalty units. S. 50(1A) inserted by No. 87/1997 s. 16(2). (1A) Subsection (1) does not apply to wildlife and wildlife products prescribed for the purposes of this section. S. 50(2) amended by No. 87/1997 ss 16(3), 42(Sch. item 25(b)(i)). (2) If an applicant seeks a permit, the Secretary must grant the permit if the Secretary is satisfied, on the basis of information provided by the applicant, that—
S. 56(3) amended by Nos 41/1987 s. 103(Sch. 4 item 76.56), 87/1997 s. 42(Sch. item 31). (3) The provisions of subsection (1) with respect to the possession of a punt gun in upon or adjacent to the places referred to in subsection (1) shall not apply to any person having a punt gun in his possession in any such place with the permission in writing of the Secretary given for some other purpose than the use of the punt gun in hunting or taking wildlife. S. 57 amended by No. 70/1990 s. 12(1)(a). s. 57 57 Interference with signs etc. Any person who removes, obliterates, damages, obscures, alters, or otherwise interferes with— (a) any mark, sign, or device attached to wildlife for the purposes of this Act so as to prevent its use for the purposes of this Act; (b) any equipment, trap, or net being used in any scientific study or investigation under this Act; or (c) any notice erected for the purposes of this Act— shall be guilty of an offence against this Act. 50 penalty units. S. 58 (Heading) inserted by No. 45/2008 s. 18(1). S. 58 amended by Nos 70/1990 s. 12(1)(g), 87/1997 s. 19(2) (ILA s. 39B(1). 58 Molesting and disturbing etc. protected wildlife (1) Any person who— S. 58(1)(a) substituted by No. 87/1997 s. 19(1). (a) wilfully molests or injures protected wildlife or wilfully causes protected wildlife to be molested or injured;
(iii) wilfully separate protected wildlife from its young or cause it to be so separated— when that person is acting in accordance with that authorisation or licence. S. 58A inserted by No. 87/1997 s. 20. s. 58A 58A Keeping false records If a person, who is the holder of a licence, permit or authorisation under this Act, is required by or under this Act or the terms of that licence, permit or authorisation to make or keep records, that person must not knowingly make or keep records that are inaccurate or false. 120 penalty units. S. 58B inserted by No. 87/1997 s. 20. 58B Providing false information A person must not in or in connection with an application for a licence, permit or authorisation under this Act give false or misleading information. 120 penalty units. S. 58C inserted by No. 87/1997 s. 20. 58C Offence for certain persons to enter on or remain in specified hunting area S. 58C(1) substituted by No. 11/2014 s. 20. (1) A person must not enter on or remain in any specified hunting area at any of the following times— (a) from the beginning of the first day of an open season for ducks until 10 a.m. of that day; (b) from 2 hours before sunset of each day of an open season for ducks (other than the last day) until 10 a.m. of the following day;
effective and efficient enforcement of the notice or order. _______________ 59 Powers of authorised officers S. 59(1) amended by Nos 9505 s. 12(a)(b), 87/1997 s. 21(1)(a). s. 59 (1) In the administration of this Act or for ascertaining whether or not the provisions of this Act or the regulations or the conditions, limitations, and restrictions of any licence, permission, or other authority issued under this Act are being observed, any authorised officer may without any further or other authority than this section at any reasonable time having regard to all the circumstances and with such persons as he thinks necessary enter upon any lands or waters or into any tent, or into any building or structure other than a dwelling-house or upon any vehicle or boat and in particular without in any way limiting or derogating from the generality of the foregoing for any of the following purposes— S. 59(1)(a) substituted by No. 87/1997 s. 21(1)(b). (a) searching the lands, waters, tent, building or structure and any thing found at the lands, waters, tent, building or structure; S. 59(1)(b) substituted by No. 87/1997 s. 21(1)(b). (b) inspecting and taking photographs (including video recordings) of the lands, waters, tent, building or structure or any thing found at the lands, waters, tent, building or structure; S. 59(1)(ba) inserted by No. 87/1997 s. 21(1)(b). (ba) with whatever assistance is required, taking and keeping samples of— (i) the blood, any bodily fluids or other matter from any wildlife; or (ii) any other thing—
S. 59F inserted by No. 87/1997 s. 22. 59F Occupier entitled to be present during search (1) If a search warrant is being executed, and the occupier or a person apparently in charge of the premises in respect of which the warrant is being executed is present at those premises, the person has a right to observe the search being conducted. (2) The right to observe the search being conducted ceases if the person impedes the search. 60 Seizure of prohibited equipment etc. S. 60(1) amended by Nos 41/1987 s. 103(Sch. 4 item 76.60), 90/1989 s. 14(e)(i), 70/1990 s. 4(2), 66/1996 s. 207, substituted by No. 87/1997 s. 23. s. 60 (1) If an authorised officer or member of the police force believes on reasonable grounds that an offence against this Act has been, is being or is about to be committed, the officer or member may do all or any of the following— (a) seize— (i) any thing, the use or possession of which is prohibited by or under this Act in any particular case or under any similar enactment of another State or Territory of the Commonwealth; or (ii) any thing which the officer or member reasonably believes has been or is likely to be used in or to assist in the offence; or (iii) any thing which the officer or member reasonably believes has been taken or held in contravention of this Act or the law of another State or Territory of the Commonwealth; (b) inspect and take photographs (including video recordings) of any thing which the officer or member believes on reasonable grounds to be involved in the commission of the offence;
S. 61(3) amended by Nos 41/1987 s. 103(Sch. 4 item 76.61), 70/1990 s. 12(1)(g). (3) Any person who refuses to give his name or place of residence upon demand by an authorised officer or member of the police force or who gives a false name or place of residence shall be guilty of an offence against this Act. 20 penalty units. S. 61(4) amended by Nos 41/1987 s. 103(Sch. 4 item 76.61), 57/1989 s. 3(Sch. item 219.3). (4) Any person who on demand by an authorised officer or by a member of the police force refuses to give his name or address or gives a name or place of residence which the officer or member reasonably suspects to be false may be arrested by the officer or member without warrant and taken before a bail justice or the Magistrates' Court to be dealt with according to law. 62 Obstructing officer etc. S. 62(1) amended by Nos 41/1987 s. 103(Sch. 4 item 76.62), 70/1990 s. 12(1)(p), 87/1997 s. 25(1). s. 62 (1) Any person who obstructs or resists or assaults or incites or encourages any person to obstruct, resist, or assault an authorised officer or member of the police force in the execution of his duty under this Act or who threatens any such officer or member shall be guilty of an offence against this Act. 120 penalty units or 12 months imprisonment or both the fine and imprisonment. S. 62(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.62), 70/1990 s. 12(1)(q). (2) Any person who uses threatening, insulting or abusive words to an authorised officer or member of the police force in the execution of his duty under this Act shall be guilty of an offence against this Act. 10 penalty units. S. 62(3) inserted by No. 87/1997 s. 25(2). (3) An authorised officer or member of the police force who is in the course of interviewing a person about a matter under this Act may direct the person to remove all cartridges from any firearm in his or her possession.
S. 62(4) inserted by No. 87/1997 s. 25(2). (4) A person must comply with a direction under subsection (3). 120 penalty units or 12 months imprisonment or both the fine and imprisonment. S. 62(5) inserted by No. 87/1997 s. 25(2). (5) An authorised officer or a member of the police force who believes on reasonable grounds that a person is contravening or failing to comply with section 58C, 58D or 58E may direct that person to leave or not to enter a specified hunting area. S. 62(6) inserted by No. 87/1997 s. 25(2). (6) A person must comply with a direction under subsection (5). 10 penalty units. S. 62A inserted by No. 9505 s. 13, amended by Nos 41/1987 s. 103(Sch. 4 items 76.63, 76.64), 70/1990 s. 12(1)(p), 87/1997 s. 42(Sch. item 33). s. 62A 62A Offence to impersonate officer Any person who impersonates the Secretary or an authorised officer in the performance of duties or the exercise of powers pursuant to this Act shall be guilty of an offence against this Act. 50 penalty units. S. 63 repealed by No. 41/1987 s. 103(Sch. 4 item 76.65), new s. 63 inserted by No. 87/1997 s. 26, amended by No. 45/2008 s. 19, repealed by No. 16/2004 s. 50. * * * * *
S. 87(2B) inserted by No. 87/1997 s. 40(2). (2B) The regulations may provide in specified cases or classes of cases for the exemption of persons or things or classes of persons or things from any of the provisions of the regulations whether unconditionally or on specified conditions and either wholly or to such extent as is specified in the regulations. S. 87(3) amended by No. 87/1997 s. 42(Sch. item 47(e)). (3) Unless otherwise expressly provided the provisions of this Act and the regulations with respect to wildlife or any specified kind or taxon of wildlife shall be deemed to apply to both sexes of wildlife or to both sexes of that kind or taxon of wildlife. (4) Forms prescribed by the regulations or forms to the like effect shall be sufficient for the purposes of this Act or the regulations. S. 87(4A) inserted by No. 70/1990 s. 10, amended by No. 78/2010 s. 24(Sch. 1 item 37.7). (4A) Regulations made under this section may be disallowed in whole or in part by resolution of either House of Parliament. S. 87(4B) inserted by No. 70/1990 s. 10, repealed by No. 78/2010 s. 24(Sch. 1 item 37.8). * * * * * s. 87 (5) Regulations under this Act may revoke or vary any proclamation or Order made by the Governor in Council under the provisions of the Game Act 1958 or any corresponding previous enactment or any proclamation or regulation made under section 9 or 10 of the Protection of Animals Act 1966. (6) Regulations made under this Act may define the limits of any wildlife habitat, sanctuary, reserve, or other locality for the purposes of this Act.