S. 1A inserted by No. 87/1997 s. 4. 1A Purposes The purposes of this Act are— (a) to establish procedures in order to promote— (i) the protection and conservation of wildlife; and (ii) the prevention of taxa of wildlife from becoming extinct; and (iii) the sustainable use of and access to wildlife; and (b) to prohibit and regulate the conduct of persons engaged in activities concerning or related to wildlife. S. 2 repealed by No. 46/1986 s. 5(1). * * * * * 3 Definitions (1) In this Act unless inconsistent with the context or subject-matter— S. 3(1) def. of aircraft inserted by No. 45/2008 s. 3(1)(a). aircraft means any machine or equipment that is designed to be flown by a person who has control over its speed and direction of movement, but does not include a hovercraft; S. 3(1) def. of appointed land inserted by No. 62/2010 s. 132(1). appointed land, in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987;
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), substituted by No. 24/2014 s. 28(2), amended by No. 68/2016 s. 174. authorised officer means— (a) a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of this Act; or (b) a person appointed as an authorised officer under the Game Management Authority Act 2014 for the purposes of this Act; or (c) a person appointed as an authorised officer under Part 3 of the Victorian Fisheries Authority Act 2016 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
S. 3(1) def. of hunt inserted by No. 87/1997 s. 5(1)(a). hunt includes pursue, trail, stalk, search for or drive out an animal; S. 3(1) def. of joint management plan inserted by No. 62/2010 s. 132(1). joint management plan has the same meaning as in the Conservation, Forests and Lands Act 1987; S. 3(1) def. of limited permit area inserted by No. 45/2008 s. 3(1)(a). limited permit area means an area that is the subject of a limited permit area determination; S. 3(1) def. of limited permit area determination inserted by No. 45/2008 s. 3(1)(a). limited permit area determination means a determination under section 83F; S. 3(1) def. of member of the police force inserted by No. 87/1997 s. 5(1)(a), repealed by No. 37/2014 s. 10(Sch. item 184.1(b)). * * * * * S. 3(1) def. of notable wildlife inserted by No. 87/1997 s. 5(1)(a), repealed by No. 45/2008 s. 3(2)(b). * * * * *
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; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 184.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; 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 (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 structure inserted by No. 87/1997 s. 5(1)(a). structure includes a hide or blind or other similar structure erected for the purpose of facilitating the hunting, watching or taking of wildlife; S. 3(1) def. of taxon inserted by No. 87/1997 s. 5(1)(a). taxon means any species, sub-species, hybrid, genetic grouping or other taxonomic group of any rank into which organisms are categorised; S. 3(1) def. of the wild inserted by No. 70/1990 s. 6(1)(a). the wild in relation to any wildlife means the natural habitat of that wildlife or an independent, unpossessed or natural state and not an intentionally domesticated or captive state regardless of the location; S. 3(1) def. of this Act amended by Nos 7/1988 s. 8(2) (as amended by No. 90/1989 s. 18(2)), 90/1989 s. 17(2). this Act includes regulations and proclamations made or continued in force under this Act and notices under section 86 or 86A; S. 3(1) def. of threatened wildlife inserted by No. 45/2008 s. 3(2)(a). threatened wildlife means protected wildlife that is specified in any list made under section 10(1) of the Flora and Fauna Guarantee Act 1988; S. 3(1) def. of tour operator licence inserted by No. 40/2009 s. 41. tour operator licence means a licence granted under section 21B;
S. 3(1) def. of traditional owner group entity inserted by No. 62/2010 s. 132(1), amended as traditional owner group by No. 4/2013 s. 35(1). traditional owner group has the same meaning as in the Traditional Owner Settlement Act 2010; S. 3(1) def. of Traditional Owner Land Management Board inserted by No. 62/2010 s. 132(1). Traditional Owner Land Management Board has the same meaning as in the Conservation, Forests and Lands Act 1987; S. 3(1) def. of vessel inserted by No. 45/2008 s. 3(1)(a). vessel means any kind of vessel that is used, or capable of being used, in navigation by water, however propelled or moved, and includes— (a) a barge, lighter, floating restaurant or other floating vessel; and (b) an air-cushion vehicle or other similar craft, that is used in navigation by water; and (c) any aeroplane that is designed for and capable of being waterborne, for so long as that aeroplane is waterborne; S. 3(1) def. of whale sightseeing permit inserted by No. 3/2002 s. 3, repealed by No. 45/2008 s. 3(1)(b). * * * * *
S. 16A(3)(a) amended by Nos 41/1987 s. 103(Sch. 4 item 76.15), 87/1997 s. 42(Sch. item 9(c)). (a) any reference in that section to a committee of management were a reference to the Secretary; and (b) any reference in that section to the land were a reference to a Nature Reserve. S. 16A(4) inserted by No. 51/2014 s. 9(Sch. 2 item 22.3). (4) Any regulations made under subsection (3) for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles. S. 17 amended by No. 9549 s. 2(1)(Sch. item 252), substituted by No. 9861 s. 3(1). 17 Moneys received paid to Consolidated Fund S. 17(1) amended by Nos 41/1987 s. 103(Sch. 4 item 76.16), 87/1997 s. 42(Sch. item 10). (1) All moneys received by the Secretary by way of tolls, fees, rents or charges in respect of any State Wildlife Reserve or Nature Reserve shall be paid into the Consolidated Fund. Ss 17(2)–17A repealed., * * * * * 18 Secretary to prepare plans of management for reserves S. 18(1) amended by Nos 9505 s. 5(6)(a)(b)(ii), 41/1987 s. 103(Sch. 4 item 76.17), 87/1997 s. 42(Sch. item 11(a)). (1) The Secretary shall— (a) with respect to each wildlife reserve in existence at the commencement of this section, prepare a plan of management as soon as practicable after the commencement of this section; and
S. 22A(3) amended by Nos 87/1997 s. 42(Sch. item 15(b)), 24/2014 s. 31(2). (3) The Game Management Authority may, subject to any conditions, limitations and restrictions that are prescribed or as the Authority thinks fit to impose, license any person to hunt, take or destroy any game. S. 22A(4) amended by No. 87/1997 s. 42(Sch. item 15(c)). (4) A game licence may be general in application or may be restricted as to the kinds or taxon of game which may be hunted, taken or destroyed or the area in which game may be hunted, taken or destroyed or the type of weapon which may be used to hunt, take or destroy game. S. 22A(4A) inserted by No. 87/1997 s. 9(2), amended by No. 24/2014 s. 31(3). (4A) Despite anything to the contrary in any other Act, if the Game Management Authority thinks fit, a game licence is subject to the condition that the holder of the licence must take part in a ballot, in accordance with the regulations, in order to determine the entitlements of the holder to take game specified under that licence. S. 22A(4B) inserted by No. 87/1997 s. 9(2), amended by No. 24/2014 s. 31(3). (4B) If the regulations vary the conditions, limitations or restrictions on game licences or a category of game licences, the variation has effect, in relation to a game licence in force at the time the regulation is made, upon the Game Management Authority giving notice of the variation to the holder of the licence. S. 22A(5) amended by Nos 87/1997 s. 42(Sch. item 15(d)(i)), 24/2014 s. 31(4). (5) Subject to subsection (6), the Game Management Authority must grant any application for a game licence unless the Authority is satisfied that— (a) the applicant is not a fit and proper person to hold the licence; or (b) the applicant is not qualified under the regulations to hold the licence; or
S. 22A(7B) inserted by No. 87/1997 s. 9(5), amended by No. 24/2014 s. 31(7). (7B) Upon application made in writing and upon payment of any additional prescribed fee, the Game Management Authority may vary any licence in force under this section in any respect and, as from the date of the variation, the licence is deemed to have been granted as so varied. S. 22A(7C) inserted by No. 87/1997 s. 9(5), amended by No. 24/2014 s. 31(8). (7C) In considering an application under subsection (7B) the Game Management Authority may refuse to grant the application if the Authority is satisfied that any of the grounds set out in subsection (5)(a), (b), (c) or (e) applies. S. 22A(7D) inserted by No. 87/1997 s. 9(5). (7D) A person who is not a natural person is not eligible to seek the issue of or to be granted a licence under this section. S. 22A(8) amended by No. 70/1990 s. 12(2). (8) The holder of a game licence must not contravene any condition, limitation or restriction to which the licence is subject. Penalty for an offence against this subsection: 10 penalty units. S. 22A(9) amended by No. 87/1997 s. 42(Sch. item 15(f)), repealed by No. 52/1998 s. 311(Sch. 1 item 107.1). * * * * *
(d) the number of such licences in force ought to be limited; or S. 23(1)(e) substituted by No. 87/1997 s. 10(b). (e) the applicant has been found guilty of an offence against this Act or a corresponding previous enactment; or S. 23(1)(f) inserted by No. 87/1997 s. 10(b). (f) the applicant is already the holder of a wildlife licence; or S. 23(1)(g) inserted by No. 87/1997 s. 10(b). (g) the applicant has failed to comply with this Act, the regulations or the conditions of his or her licence. S. 23(1A) inserted by No. 24/2014 s. 32(3). (1A) The Game Management Authority may refuse to grant any application for a licence referred to in section 22 in respect of specified birds or to renew a licence in respect of specified birds if the Authority is satisfied that— (a) the applicant is not a fit and proper person to hold a licence in respect of specified birds; or (b) the premises specified in the application for grant or renewal as being the premises which is to house the specified birds— (i) are not suitable for housing specified birds; or (ii) are premises in respect of which a licence has already been issued; or (c) the issue of the licence would be deleterious to the welfare of specified birds; or (d) the number of licences in force ought to be limited; or (e) the applicant has been found guilty of an offence against this Act or a corresponding previous enactment; or
(f) the applicant is already a holder of a wildlife licence in respect of specified birds; or (g) the applicant has failed to comply with this Act, the regulations or the conditions of his or her licence. S. 23(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.28), 90/1989 s. 14(c), 70/1990 s. 6(1)(c), 87/1997 s. 42(Sch. item 16(b)), 24/2014 s. 32(4). (2) Upon application made in writing and upon payment of any additional prescribed fees the Secretary may vary a licence in force under section 22 (other than a licence in respect of specified birds) in any respect and as from the date of such variation the licence shall be deemed to have been granted as so varied. S. 23(3) amended by Nos 9505 s. 18(2)(b), 41/1987 s. 103(Sch. 4 item 76.28), 90/1989 s. 14(c), repealed by No. 70/1990 s. 6(1)(d), new s. 23(3) inserted by No. 24/2014 s. 32(5). (3) The Game Management Authority may vary a licence in respect of specified birds in force under section 22 in any respect— (a) on an application made in writing by the holder of the licence; and (b) on payment of any additional prescribed fees. S. 23(4) inserted by No. 24/2014 s. 32(5). (4) On the date of variation of a licence in respect of specified birds under subsection (3), the licence is deemed to have been granted as varied. 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). * * * * *
(4) In addition to cancelling the licence, the Game Management Authority may— (a) cancel any other game licence or wildlife licence in respect of specified birds issued to that person; and (b) specify a time within which the person may not apply for another game licence or wildlife licence in respect of specified birds. S. 25B (Heading) inserted by No. 24/2014 s. 36(1). S. 25B inserted by No. 87/1997 s. 12(1). 25B Power of Secretary to suspend certain licences S. 25B(1) amended by Nos 40/2009 s. 44, 24/2014 s. 36(2). (1) The Secretary may suspend a wildlife licence (other than a wildlife licence in respect of specified birds), by notice in writing given to the holder of the licence, if the Secretary is satisfied, on reasonable grounds, that— (a) the holder of the licence has been found guilty of an offence against this Act; or (b) the holder of the licence has breached a condition of the licence. (2) A suspension under this section has effect— (a) from the time specified in the notice given under subsection (1), which must be after the day on which the notice is given; and (b) subject to section 25C, for the period (not exceeding 90 days) specified in the notice. S. 25B(3) amended by No. 24/2014 s. 36(3). (3) The custody, care and management of any wildlife (other than specified birds) held under a licence which has been suspended under this section must be dealt with in accordance with the directions of the Secretary.
the conditions, limitations or restrictions of the authorisation. 50 penalty units. S. 28C inserted by No. 87/1997 s. 13. 28C Duration and renewal of authorisation (1) An authorisation, unless sooner cancelled or suspended, continues in force for that period, not exceeding 3 years, that is specified in the authorisation. (2) An authorisation may be renewed. S. 28D inserted by No. 87/1997 s. 13. 28D Suspension of authorisation S. 28D(1) amended by No. 24/2014 s. 42(1). (1) If the Secretary is satisfied that there are reasonable grounds to do so, the Secretary may suspend an authorisation the Secretary has given, by notice in writing given to the holder of an authorisation. S. 28D(1A) inserted by No. 24/2014 s. 42(2). (1A) If the Game Management Authority is satisfied that there are reasonable grounds to do so, the Authority may suspend an authorisation the Authority has given, by notice in writing given to the holder of an authorisation. (2) A suspension under this section has effect— S. 28D(2)(a) amended by No. 24/2014 s. 42(3). (a) from the time specified in the notice under subsection (1) or (1A), which must be after the day on which the notice is given; and (b) subject to section 28E, for the period (not exceeding 90 days) specified in the notice.
S. 28D(3) amended by No. 24/2014 s. 42(4). (3) The custody, care and management of any wildlife held under an authorisation which has been suspended under this section by the Secretary must be dealt with in accordance with the directions of the Secretary. S. 28D(4) inserted by No. 24/2014 s. 42(5). (4) The custody, care and management of any game or specified birds held under an authorisation which has been suspended under this section by the Game Management Authority must be dealt with in accordance with the directions of the Authority. S. 28E inserted by No. 87/1997 s. 13. 28E Making submissions on suspension S. 28E(1) amended by No. 24/2014 s. 43. (1) Immediately on suspending an authorisation, the Secretary or Game Management Authority (as appropriate) must allow the holder of the authorisation an opportunity to make written submissions. (2) Submissions must be made within the period specified in the notice of suspension. S. 28E(3) amended by No. 24/2014 s. 43. (3) On receiving any submissions under subsection (2), the Secretary or Game Management Authority (as appropriate) must review the decision to suspend the authorisation, and in doing so must have regard to the submissions and may decide— (a) not to revoke or amend the suspension; or (b) to revoke or amend the suspension.
S. 32(6) amended by No. 9505 s. 9(b). (6) A working plan may, with the consent of the owner or occupier of any lands to which the working plan relates to the proposed amendments being first obtained and the approval in writing of the Minister, be amended from time to time and thereafter the working plan as so amended shall be the working plan for the Wildlife Management Co-operative Area to which it relates. S. 32(7) amended by Nos 41/1987 s. 103(Sch. 4 item 76.37), 24/2014 s. 45(4). (7) Any dispute arising with respect to a working plan under this section between the Department or the Game Management Authority and any other Government Department or authority, board, or like body incorporated by Act of Parliament for a public purpose shall be determined by the Governor in Council whose decision thereon shall be final. 33 Prohibited areas S. 33(1) amended by No. 87/1997 s. 42(Sch. item 20(a)). (1) The Governor in Council may by Order published in the Government Gazette declare the habitat of any taxon of wildlife existing on any lands of the Crown to be a prohibited area during any period or periods of the year specified in the Order. S. 33(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.39), 46/1998 s. 7(Sch. 1). (2) Before any such Order is made the Minister shall consult with the Minister administering the Water Act 1989 and shall cause to be published in the Government Gazette not less than one month's notice of intention to make the Order. S. 33(3) amended by Nos 41/1987 s. 103(Sch. 4 item 76.38), 87/1997 s. 42(Sch. item 20(b)). (3) The Secretary shall forthwith cause notice of the making of any such Order to be published in some newspaper circulating in the locality of those lands and shall cause notice of the Order to be exhibited at every gateway to those lands and upon public notice boards in the locality.
S. 54(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.54), 52/1994 s. 97(Sch. 3 item 36.3), 87/1997 s. 42(Sch. item 29(a)(b)). (2) The provisions of subsection (1) shall not apply to the Secretary or the Secretary's servants or agents with respect to the use of poisons for eradicating pest animals on any lands, or to any landholder using poison on and adjacent to his land for the purpose of eradicating any wildlife which has been declared by Order of the Governor in Council under the Land Act 1958 to be vermin nor to any person acting under and in accordance with the authority of the Minister given under this Act. S. 55 amended by Nos 41/1987 s. 103(Sch. 4 item 76.55), 70/1990 s. 12(1)(g), 87/1997 s. 42(Sch. item 30). 55 Using bird-lime etc. Any person who without the authority in writing of the Secretary uses any glue, adhesive material, bird-lime or any similar viscid substance for or in connexion with the taking or restraining of wildlife shall be guilty of an offence against this Act. 20 penalty units. 56 Punt guns S. 56(1) amended by No. 70/1990 s. 12(1)(a), substituted by No. 48/2016 s. 22(1). (1) A person must not— (a) use a punt gun in hunting or taking wildlife; or (b) possess a punt gun when hunting or taking wildlife. Penalty: 50 penalty units. (2) A gun or weapon shall be taken to be a punt gun which has— (a) a barrel exceeding 107 centimetres in length; (b) a single barrel exceeding 3·75 kilograms in weight or having a double barrel exceeding 6·50 kilograms in weight;
season for duck as at the date on which the notice is given. S. 58G(3) amended by No. 37/2014 s. 10(Sch. item 184.5(b)). (3) An authorised officer or a police officer must not give a banning notice to a person unless the authorised officer or police officer— (a) believes on reasonable grounds that the giving of the notice may be effective in preventing or deterring the person from— (i) continuing to commit the specified offence; or (ii) committing a further specified offence (whether in the same or another specified hunting area); or (b) believes on reasonable grounds that the continuation of the commission of the specified offence— (i) may involve or give rise to a risk to the safety of any person; or (ii) may hinder or obstruct a person who is engaged in hunting or taking game in accordance with this Act. S. 58G(4) amended by No. 37/2014 s. 10(Sch. item 184.5(c)). (4) An authorised officer or a police officer, before giving a banning notice, must produce— (a) in the case of an authorised officer, evidence of his or her identity; or S. 58G(4)(b) amended by No. 37/2014 s. 10(Sch. item 184.5(c)). (b) in the case of a police officer, proof of his or her identity and official status (unless he or she is in uniform). (5) No more than one banning notice may be given to a person in respect of the same specified offence in the same specified hunting area.
(1) This section applies if a person to whom a banning notice is given is in a specified hunting area in contravention of the notice. S. 58K(2) amended by No. 37/2014 s. 10(Sch. item 184.7). (2) Subject to subsection (3), an authorised officer or a police officer may direct the person to leave the specified hunting area in the manner (if any) specified in the direction. S. 58K(3) amended by No. 37/2014 s. 10(Sch. item 184.7). (3) An authorised officer or a police officer must— (a) before giving a direction under subsection (2), produce— (i) in the case of an authorised officer, evidence of his or her identity; or S. 58K(3)(a)(ii) amended by No. 37/2014 s. 10(Sch. item 184.7). (ii) in the case of a police officer, proof of his or her identity and official status (unless he or she is in uniform); and (b) inform the person that— S. 58K(3)(b)(i) amended by No. 37/2014 s. 10(Sch. item 184.7). (i) the authorised officer or police officer is empowered to direct the person to leave the specified hunting area; and (ii) it is an offence to refuse or fail to comply with the direction. (4) A direction under subsection (2)— (a) may be given orally or in writing; and (b) must be reasonable in all the circumstances. S. 58L inserted by No. 11/2014 s. 23. 58L Offence to refuse or fail to comply with direction to leave area to which banning notice applies
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, amended by No. 37/2014 s. 10(Sch. item 184.11(a)(b)). (1) If an authorised officer or a police officer believes on reasonable grounds that an offence against this Act has been, is being or is about to be committed, the authorised officer or police officer 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 S. 60(1)(a)(ii) amended by No. 37/2014 s. 10(Sch. item 184.11(b)). (ii) any thing which the authorised officer or police officer reasonably believes has been or is likely to be used in or to assist in the offence; or S. 60(1)(a)(iii) amended by No. 37/2014 s. 10(Sch. item 184.11(b)). (iii) any thing which the authorised officer or police officer reasonably believes has been taken or held in contravention of this Act or the law of another State or Territory of the Commonwealth; S. 60(1)(b) amended by No. 37/2014 s. 10(Sch. item 184.11(b)). (b) inspect and take photographs (including video recordings) of any thing which the authorised officer or police officer believes on reasonable grounds to be involved in the commission of the offence; S. 60(1)(c) amended by No. 37/2014 s. 10(Sch. item 184.11(c)). (c) with whatever assistance is required, take and keep samples of— (i) the blood, any bodily fluids or other matter from any wildlife; or (ii) any other thing—
120 penalty units or 12 months imprisonment or both. S. 60E inserted by No. 87/1997 s. 24. 60E Evidentiary provisions relating to retention notices (1) In any proceedings under section 60D, evidence that a thing, specified in a notice under this section as being in the possession of a particular person, is no longer in the possession of that person is evidence, and, in the absence of evidence to the contrary, is proof that the person has not complied with the notice. (2) In any proceedings under this Act, the fact that a thing is specified in a notice under section 60D as being in the possession of a particular person is evidence, and, in the absence of evidence to the contrary, is proof that the thing was in the possession of that person. 61 Offenders to give name and address on demand S. 61(1) amended by Nos 41/1987 s. 103(Sch. 4 item 76.61), 90/1989 s. 17(3), 37/2014 s. 10(Sch. item 184.15). (1) Any person found offending against any of the provisions of this Act or the regulations or any proclamation or any notice under section 86 or 86A shall on demand by an authorised officer or by a police officer give his name and place of residence. S. 61(2) amended by No. 90/1989 s. 17(3). (2) In subsection (1) the expression "found offending" extends to the case of a person found doing or committing to do any act, matter, or thing or behaving or conducting himself in such a manner or in such circumstances that the person finding him believes on reasonable grounds that the person so found has in respect of any such act, omission, behaviour, or conduct committed an offence against this Act or the regulations or any proclamation or any notice under section 86 or 86A.
S. 62(5) inserted by No. 87/1997 s. 25(2), amended by No. 37/2014 s. 10(Sch. item 184.20(b)) (as amended by No. 21/2015 s. 3(Sch. 1 item 62.4)). (5) An authorised officer or a police officer 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). 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. * * * * *
Division 3—Variation and cancellation of authorities New s. 74C inserted by No. 16/2004 s. 51. 74C When can an authority be varied? S. 74C(1) amended by No. 24/2014 s. 56(1). (1) The Secretary may vary an authority the Secretary has granted— (a) at any time on the Secretary's own initiative; or (b) on application under section 74D. S. 74C(1A) inserted by No. 24/2014 s. 56(2), amended by No. 21/2015 s. 3(Sch. 1 item 67). (1A) The Game Management Authority may vary an authority it has granted— (a) at any time on the Game Management Authority's own initiative; or (b) on application under section 74D. S. 74C(2) amended by No. 24/2014 s. 56(3). (2) An authority cannot be varied unless the Secretary or the Game Management Authority (as appropriate) is satisfied on reasonable grounds that the variation will not authorise a significant alteration of the nature of the authorised operation concerned. New s. 74D inserted by No. 16/2004 s. 51. 74D Application for variation of authority S. 74D(1) amended by No. 24/2014 s. 57(1). (1) The principal law enforcement officer for an authorised operation, or any other law enforcement officer on behalf of the principal law enforcement officer, may apply to the Secretary or the Game Management Authority (as appropriate) for a variation of authority for any one or more of the following purposes—
Inspectorate to perform functions under this section. S. 74SA inserted by No. 24/2014 s. 69. 74SA Inspection of Game Management Authority records by the Victorian Inspectorate (1) The Victorian Inspectorate must, from time to time and at least once every 12 months, inspect the records of the Game Management Authority to determine the extent of compliance with this Part by the Game Management Authority and law enforcement officers. (2) For the purposes of an inspection under this section, the Victorian Inspectorate— (a) after notifying the Chairperson of the Game Management Authority, may enter at any reasonable time premises occupied by the Game Management Authority; and (b) is entitled to have full and free access at all reasonable times to all records of the Game Management Authority that are relevant to the inspection; and (c) may require a member of staff of the Game Management Authority to give the Victorian Inspectorate any information that the Victorian Inspectorate considers necessary, being information that is in the member's possession, or to which the member has access, and that is relevant to the inspection. (3) The Game Management Authority must ensure that members of staff of the Game Management Authority give the Victorian Inspectorate any assistance the Victorian Inspectorate reasonably requires to enable the Victorian Inspectorate to perform functions under this section. Division 7—General
S. 78(4) amended by Nos 41/1987 s. 103(Sch. 4 item 76.76), 87/1997 s. 42(Sch. item 41(b)). (4) The Secretary shall cause registers to be kept showing particulars of permits in force from time to time. S. 79 inserted by No. 9694 s. 4. 79 Conditions of permit S. 79(1) substituted by No. 87/1997 s. 33, amended by No. 3/2002 s. 10. (1) A permit granted under section 78(1) is subject to— (a) any conditions, determined by the Secretary, that are specified or referred to in the permit; and (b) any conditions that are imposed under subsection (2); and (c) any conditions which are prescribed by regulations made under section 85A for permits of the category to which the permit belongs. S. 79(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.77), 87/1997 s. 42(Sch. item 42). (2) After publication of the notices referred to in section 82(4) the Secretary may, by notice in writing served on the holder of a permit, vary or revoke any conditions of the permit or impose further conditions. (3) Without limiting the generality of subsections (1) and (2) conditions of a permit may include conditions relating to— S. 79(3)(a) amended by No. 45/2008 s. 24. (a) the times between which, and the areas in which, a whale to which the permit relates may be interfered with or dealt with; and (b) the method of dealing with a whale to which the permit relates.
S. 81(5) inserted by No. 45/2008 s. 25. (5) An authorised officer must not make a direction under subsection (3) or (4) unless the authorised officer reasonably believes it is necessary to do so to ensure the welfare of a whale or the safety of any person. S. 81(6) inserted by No. 45/2008 s. 25. (6) A person who has been given a direction by an authorised officer under subsection (3) or (4) must comply with the direction unless the person has a reasonable excuse for not doing so. 20 penalty units. S. 81(7) inserted by No. 45/2008 s. 25, amended by No. 65/2010 s. 420(Sch. 3 item 17(a)). (7) An authorised officer, before giving a direction under subsection (4) to a vessel that is in waters for which a harbour master is required to be engaged under section 220 of the Marine Safety Act 2010, must consult with the harbour master who is engaged for those waters. S. 81(8) inserted by No. 45/2008 s. 25. (8) Subsections (3) and (4) have effect despite anything to the contrary in any other section of this Part. S. 81(9) inserted by No. 45/2008 s. 25, amended by No. 65/2010 s. 420(Sch. 3 item 17(b)) (as amended by No. 29/2011 s. 3(Sch. 1 item 57.9). (9) In this section harbour master has the same meaning as in the Marine Safety Act 2010. S. 81A inserted by No. 87/1997 s. 35. 81A Variation of permits
(d) for any other reason it is not suitable for the permit to be renewed. S. 83H (Heading) substituted by No. 45/2008 s. 29. S. 83H inserted by No. 3/2002 s. 18. 83H Conditions of permits under this Division A permit granted under this Division is subject to— (a) any conditions, determined by the Secretary, that are specified or referred to in the permit; and (b) any conditions that are prescribed by regulations made under section 85A for permits of the category to which the permit belongs. S. 83I inserted by No. 3/2002 s. 18. 83I Breach of condition an offence The holder of a permit granted under this Division must comply with the conditions of the permit. 100 penalty units or 6 months imprisonment or both the fine and imprisonment. S. 83J inserted by No. 3/2002 s. 18. 83J Power of authorised officer to give directions (1) An authorised officer may direct a person to cease immediately any activity being carried out under a permit granted under this Division, if the authorised officer reasonably believes that the activity is detrimental to the welfare of any whale. (2) A person must comply with a direction given under subsection (1). 50 penalty units. S. 83K inserted by No. 3/2002 s. 18. 83K Variation of permits under this Division (1) Upon application made in writing and upon payment of any prescribed fee, the Secretary may vary any permit granted under this Division in any respect, and a variation under this subsection has effect on the Secretary making the variation.
(e) where the person charged is the master of a ship and is for the time being out of the jurisdiction service of any documents relating to the offence shall be sufficiently served on that person by being served on the agent (if any) of the ship of which he is the master. (2) Notwithstanding the provisions of any Act, law or usage to the contrary a person who has been directed to be tried for an indictable offence against this Part may be proceeded against, tried and convicted of the offence in his absence. S. 85A inserted by No. 90/1989 s. 16. 85A Regulations (1) The Governor in Council may make regulations for or with respect to— S. 85A(1)(a) amended by No. 87/1997 s. 38(1)(a)(i). (a) regulating or prohibiting activity in the vicinity of a whale, being activity that may disturb or interfere with the whale— S. 85A(1)(a)(i) amended by No. 87/1997 s. 38(1)(a)(ii). (i) by persons in vessels or aircraft; or (ii) by persons in the water or on the land; (b) prescribing penalties not exceeding twenty penalty units for a contravention of the regulations; S. 85A(1)(c) inserted by No. 87/1997 s. 38(1)(b). (c) any other matter or thing which is authorised or required by this Part to be prescribed to give effect to this Part. (2) Regulations under this section may be of general or of specially limited application and may differ according to differences in time, place or circumstance.
(2) The Secretary may refuse to renew a seal tour permit under subsection (1) if the Secretary is satisfied that— (a) the holder has been found guilty of an offence against this Act or regulations under this Act; or (b) the holder has failed to comply with this Act or regulations under this Act or the conditions of the permit; or (c) the holder of the permit has been convicted of an offence against a law of the Commonwealth or of a State or a Territory of the Commonwealth relating to fauna, to the preservation, conservation and protection of seals or to the living natural resources of the continental shelf of Australia; or (d) for any other reason it is not suitable for the permit to be renewed. S. 85H inserted by No. 45/2008 s. 30. 85H Conditions of seal tour permits A seal tour permit is subject to— (a) any conditions, determined by the Secretary, that are specified or referred to in the permit; and (b) any conditions that are prescribed by regulations under this Act for permits of the category to which the permit belongs. S. 85I inserted by No. 45/2008 s. 30. 85I Breach of condition an offence The holder of a seal tour permit must comply with the conditions of the permit. 100 penalty units. S. 85J inserted by No. 45/2008 s. 30. 85J Variation of seal tour permits (1) On application made in writing and on payment of any prescribed fee, the Secretary may vary any
S. 86(4) repealed by No. 48/2016 s. 25(2). * * * * * S. 86(4A) inserted by No. 11/2014 s. 25(2). (4A) Regulations made under this Act may impose conditions on the carrying out of any activity under a notice under subsection (1). S. 86(5) amended by No. 78/2010 s. 24(Sch. 1 item 37.3). (5) Sections 15, 23, 24 and 25 of the Subordinate Legislation Act 1994 apply to a notice under subsection (1) as if that notice were a statutory rule within the meaning of that Act. S. 86(6) amended by No. 78/2010 s. 24(Sch. 1 item 37.4). (6) A reference in section 15(1) of the Subordinate Legislation Act 1994 to the publication of notice of the making of a statutory rule must be read for the purposes of this section as a reference to the publication of the notice under subsection (1). S. 86(7) amended by No. 78/2010 s. 24(Sch. 1 item 37.5). (7) A notice under subsection (1) may be disallowed in whole or in part by a resolution of either House of Parliament. S. 86(8) repealed by No. 78/2010 s. 24(Sch. 1 item 37.6). * * * * * S. 86A inserted by No. 90/1989 s. 17(1). 86A Emergency closure notices
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). * * * * * (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. S. 87(7) inserted by No. 70/1990 s. 11, amended by Nos 87/1997 s. 40(3), 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 235), 24/2014 s. 74(2). (7) Regulations made under this Act may confer a discretionary authority or impose a duty on the Minister, the Secretary, the Game Management Authority, an authorised officer or a person employed under the Public Administration Act 2004 in the administration of this Act. S. 87(8) inserted by No. 45/2008 s. 33(2). (8) Regulations made under this Act may— (a) be of general or limited application; and
Crimes (Controlled Operations) Act 2004, No. 16/2004 (as amended by Nos 87/2005, 45/2008) Assent Date: 18.5.04 Commencement Date: Ss 50, 51 on 2.11.08: Government Gazette 30.10.08 p. 2530 : This information relates only to the provision/s amending the Wildlife Act 1975 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 235) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Wildlife Act 1975 Statute Law Revision Act 2005, No. 10/2005 Assent Date: 27.4.05 Commencement Date: S. 3(Sch. 1 item 27) on 28.4.05: s. 2 : This information relates only to the provision/s amending the Wildlife Act 1975 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 118) on 12.12.05: Government Gazette 1.12.05 p. 2781 : This information relates only to the provision/s amending the Wildlife Act 1975 Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006 Assent Date: 29.8.06 Commencement Date: S. 61(Sch. item 34) on 30.8.06: s. 2(1) : This information relates only to the provision/s amending the Wildlife Act 1975 Wildlife Amendment (Marine Mammals) Act 2008, No. 45/2008 Assent Date: 26.8.08 Commencement Date: Ss 3(2), 4–21, 23, 24, 31–34 on 27.8.08: s. 2(1); ss 3(1), 22, 25–30 on 1.12.09: s. 2(3) : This information relates only to the provision/s amending the Wildlife Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009, No. 40/2009 Assent Date: 5.8.09 Commencement Date: Ss 41–46 on 1.7.11: s. 2(3) Current State: This information relates only to the provision/s amending the Wildlife Act 1975