Full Statute Name:  Victoria Wildlife Act 1975

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

         1   Short title and commencement

                (1)  This Act may be cited as the Wildlife Act 1975.

                (2)  The several provisions of this Act shall come into operation on the day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

       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.

Part I—Preliminary

         3   Definitions

                (1)  In this Act unless inconsistent with the context or subject-matter—

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;

authorisation order means an order made under section 28G or 28H;

authorised officer means a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of this Act;

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;

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 by or under this Act;

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;

Department has the same meaning as in the Conservation, Forests and Lands Act 1987;

firearm has the same meaning as in the Firearms Act 1996;

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;

game licence means a game licence issued under section 22A;

hunt includes pursue, trail, stalk, search for or drive out an animal;

limited permit area means an area that is the subject of a limited permit area determination;

limited permit area determination means a determination under section 83F;

member of the police force has the same meaning as member of the force in the Police Regulation Act 1958;

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 by or under this Act;

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;

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;

seal means any wildlife that is a member of the family Otariidae or the family Phocidae;

seal tour means an activity conducted for profit that involves—

                                  (a)  one or more persons, on land, observing or interacting with seals; or

                                 (b)  one or more persons being in a vessel on water or being in water to observe or swim with one or more seals;

seal tour permit means a permit granted under section 85C;

Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;

sell includes barter or exchange and also agreeing to sell or offering or exposing for sale or keeping or having in possession for sale or sending forwarding delivering or receiving for or on sale or authorizing directing causing suffering permitting or attempting any of such acts or things;

specified hunting area means an area declared to be a specified hunting area by regulation under section 58C(2);

structure includes a hide or blind or other similar structure erected for the purpose of facilitating the hunting, watching or taking of wildlife;

taxon means any species, sub-species, hybrid, genetic grouping or other taxonomic group of any rank into which organisms are categorised;

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;

this Act includes regulations and proclamations made or continued in force under this Act and notices under section 86 or 86A;

threatened wildlife means protected wildlife that is specified in any list made under section 10(1) of the Flora and Fauna Guarantee Act 1988;

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;

whale swim tour means an activity conducted for profit that involves one or more persons being in water to observe or swim with one or more whales;

whale swim tour permit means a permit granted under section 83D;

whale watching tour means an activity conducted for profit that involves causing a vessel or aircraft to approach one or more whales at a distance, that is less than the prescribed minimum distance for the kind of aircraft or vessel, for the purpose of enabling persons on the vessel or aircraft to observe the whale or whales;

whale watching tour permit means a permit granted under section 83A;

wildlife means—

                                  (a)  any animal of a vertebrate taxon other than mankind which is indigenous to the whole or part or parts of Australia or its territories or territorial waters, whether or not it occurs elsewhere;

                                 (b)  all kinds of deer, non-indigenous quail, pheasants, and partridges and any other taxon of animal which the Governor in Council by Order published in the Government Gazette declares to be wildlife for the purposes of this Act;

                                (ba)  any taxon of terrestrial invertebrate animal which is listed under the Flora and Fauna Guarantee Act 1988; and

                                  (c)  any hybrids of a kind or taxon of animal specified in or pursuant to paragraphs (a) and (b)—

and except as is otherwise expressly provided in any such Order includes any such animal or any member of a taxon which is bred or kept in captivity or confinement but in Parts I to VI and Parts IX and XI does not include a whale within the meaning of section 75;

wildlife licence means a wildlife licence issued under section 22.

                (2)  This Act does not apply to fish within the meaning of the Fisheries Act 1995.

                (3)  Any reference in any other Act or law to the Game Act 1958 or to section 9 or section 10 of the Protection of Animals Act 1966 or to any provisions thereof shall be read and construed as a reference to this Act or the corresponding provisions of this Act (as the case requires).

                (4)  Any reference in this Act to wildlife is a reference to wildlife in any form, whether alive or dead and whether the flesh is raw, or cooked or preserved or processed in any manner whatsoever, and includes the skin, pelage, plumage, fur, skeletal material, organs, blood, tissue or any other part thereof and the eggs or any part of the eggs thereof.

                (5)  The Governor in Council may, by proclamation published in the Government Gazette, declare any taxon of animal to be wildlife for the purposes of this Act.

       4B   Restriction on application of Act

The Governor in Council may by Order published in the Government Gazette declare that the parts of this Act specified in the Order do not apply to the taxa of invertebrate animals specified in the Order.

       7A   Governor in Council may declare protected wildlife to be unprotected in an area of Victoria

                (1)  Whenever it appears to the Minister that a taxon or kind of protected wildlife is causing injury or damage to—

                         (a)  any building, vineyard, orchard, garden or other property;

                         (b)  any crop, grass, trees or other vegetation; or

                         (c)  any taxon or kind of animal (including fish)—

in an area of Victoria, the Governor in Council may upon the recommendation of the Minister by an Order published in the Government Gazette declare that taxon or kind of wildlife to be unprotected wildlife in the area and for the period specified therein.

                (2)  An Order of the Governor in Council declared pursuant to subsection (1) shall specify the area, conditions, limitations and restrictions including the persons authorized and the methods that they may use to kill, take or otherwise control the taxon or kind of wildlife declared unprotected.

                (3)  Upon the making of the Order the Secretary shall cause notice of the making of the Order to be published in a newspaper circulating generally in the area to which the Order applies and the Secretary may take any other measures that the Secretary considers are necessary to publicize the provisions of the Order.

                (4)  Notwithstanding any other provision of this Act, the killing or taking of wildlife in accordance with the provisions of an Order declared pursuant to this section shall not constitute an offence against this Act or be unlawful by virtue of any of the provisions of this or any other Act.

S. 7A(5) amended by No. 70/1990 s. 12(1)(a).
 

                (5)  Any person who contravenes or fails to comply with any provision, condition, limitation or restriction contained in an Order under this section shall be guilty of an offence against this Act.

Penalty:           50 penalty units.

       11   Secretary to administer Act

Subject to the direction and control of the Minister this Act shall be administered by the Secretary.

Part II—State Wildlife Reserves and Nature Reserves

       12   Secretary may accept gift of land etc.

                (1)  The Secretary with the consent of the Minister may for the purposes of this Act accept the gift devise or bequest of any land from the donor thereof or from the executor or administrator of any estate which the owner thereof desires to be set aside for the propagation or management of wildlife or the preservation of wildlife habitat and thereupon the land shall be deemed to be unalienated land of the Crown temporarily reserved pursuant to the Crown Land (Reserves) Act 1978 for the purposes of this Act.

                (2)  The Secretary with the consent of the Minister may accept a donation, gift, or bequest of land conditional upon the donor or a nominee of the donor or a nominee of the testator occupying the land during his lifetime or for a specified period.

       13   Secretary may accept gift of personal property

The Secretary with the consent of the Minister may for the purposes of this Act accept the gift devise or bequest of any personal property or of money and may act as executor or administrator of any estate or as trustee of any property real or personal where in the opinion of the Minister it is expedient to do so for or in connexion with giving effect to the objects of this Act.

       14   Secretary to have management and control of lands

The Secretary shall have the management and control of any lands—

                         (a)  accepted under section 12; and

                         (b)  of the Crown which pursuant to the provisions of the Crown Land (Reserves) Act 1978 or any corresponding previous enactment are temporarily or permanently reserved from sale or from being leased or from having a licence granted in respect thereof and which—

                                   (i)  have been set aside for the propagation or management of wildlife or the preservation of wildlife habitat; or

                                  (ii)  have been set aside for another purpose specified in section 4(1) of the Crown Land (Reserves) Act 1978 and in respect of which pursuant to the recommendation of the Land Conservation Council the Minister considers that it would be appropriate for the Secretary to have the management and control of such lands, and the Governor in Council by Order published in the Government Gazette pursuant to section 18(1) of the Crown Land (Reserves) Act 1978 places such lands under the control and management of the Secretary for the purposes for which it is reserved.

       15   State Wildlife Reserves

                (1)  All lands coming under the management and control of the Secretary pursuant to the provisions of this Act other than pursuant to section 14(b)(ii) shall be known as State Wildlife Reserves.

                (2)  State Wildlife Reserves may by Order of the Governor in Council published in the Government Gazette be further classified separately as State Game Reserves, State Game Refuges, State Faunal Reserves, Game Management Stations or other classifications as specified.

                (3)  All lands coming under the management and control of the Secretary pursuant to the provisions of section 14(b)(ii) are referred to in this Act as "Nature Reserves" and shall be known by the title specified in the Order of the Governor in Council referred to in section 14(b)(ii).

       16   Secretary to manage State Wildlife Reserves

                (1)  Every State Wildlife Reserve shall be managed and controlled by the Secretary subject to this Act and any special directions of the Minister.

                (2)  Subject to the regulations the Secretary may—

                         (a)  notwithstanding anything to the contrary in the Land Act 1958 grant licences in respect of land within a State Wildlife Reserve;

                         (b)  impose collect and receive tolls rents fees or charges for or with respect to—

                                   (i)  entry upon such land or any specified part thereof;

                                  (ii)  the use of such land or any part thereof or any improvement thereon;

                                 (iii)  shooting on or over any such land;

                                 (iv)  using any service or facility whatsoever;

                                  (v)  the examination and approval of plans for any building or other structure to be erected on any land in an area held under licence under this section;

                         (c)  provide services or arrange for the provision of services to any such land;

                         (d)  carry out works or improvements on any such land;

                         (e)  authorize and control the use of any land held under licence under this section.

     16A   Secretary to manage and control Nature Reserves

                (1)  The Secretary shall for the purposes of the management and control of Nature Reserves be deemed to have the same powers functions and duties as a committee of management under section 15(1) of the Crown Land (Reserves) Act 1978.

                (2)  Notwithstanding the provisions of sections 14(b)(ii) and 16A(1), where the land is subject to a notice pursuant to section 10(3) of the Land Conservation Act 1970 requiring that effect be given to a recommendation of the Land Conservation Council the Secretary may give effect to that recommendation even if the recommendation conflicts with the purpose for which the land is reserved.

                (3)  The Governor in Council may on the recommendation of the Secretary make regulations for and with respect to any of the matters referred to in subparagraphs (ii) to (xi) of section 13(1) of the Crown Land (Reserves) Act 1978 in relation to the land as if—

                         (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.

       17   Moneys received paid to Consolidated Fund

                (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.

       18   Secretary to prepare plans of management for reserves

                (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

                         (b)  with respect to each State Wildlife Reserve constituted after the said commencement prepare a plan of management as soon as practicable after the constitution of the State Wildlife Reserve; and

                         (c)  with respect to each Nature Reserve brought under the management and control of the Secretary pursuant to section 14(b)(ii), prepare a plan of management as soon as practicable after the commencement of this subsection.

                (2)  The Minister may adopt a plan of management without alteration, or with such alterations as he thinks reasonable, or may refer the plan back to the Secretary for further consideration.

                (3)  Every plan of management when sanctioned by the Minister shall be the working plan for the State Wildlife Reserve or the Nature Reserve to which it relates.

                (4)  A plan of management may be amended from time to time with the approval of the Minister and shall, as amended, thereafter be the plan of management of the State Wildlife Reserve or the Nature Reserve to which it relates.

     18A   Power to enter into management agreements with Traditional Owner Land Management Boards

                (1)  The Secretary may enter into a management agreement with a Traditional Owner Land Management Board for or relating to—

                         (a)  the management of any land in a State Wildlife Reserve or Nature Reserve that is appointed land of that Board; or

                         (b)  the carrying out of specified functions, powers or duties in relation to the management of any land in a State Wildlife Reserve or Nature Reserve that is appointed land of that Board.

                (2)  In entering into a management agreement under subsection (1), the Secretary must have regard to any agreement entered into under Division 5 of Part 8A of the Conservation, Forests and Lands Act 1987 in relation to the land.

                (3)  In this section—

appointed land, in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987;

Traditional Owner Land Management Board has the same meaning as in the Conservation, Forests and Lands Act 1987.

       19   Limitation of mining etc. on State Wildlife or Nature Reserves

                (1)  Notwithstanding anything to the contrary in the Mineral Resources (Sustainable Development) Act 1990 or in any other Act or law no person has any rights of entry, prospecting, exploration, or mining in respect of lands being part of a State Wildlife Reserve or a Nature Reserve without the written permission of the Minister after consultation with the Minister for the time being administering the Mineral Resources (Sustainable Development) Act 1990 and subject always to any conditions, limitations, or restrictions the Minister thinks fit to impose.

                (2)  Any dispute arising with respect to the operation of this section between the Department within the meaning of the Conservation, Forests and Lands Act 1987 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.

                (3)  Where buildings huts fences dams weirs installations or standing crops are found within a State Wildlife Reserve or a Nature Reserve and—

                         (a)  the owner or occupier thereof does not on demand produce any lease licence permit or authority therefor; or

                         (b)  after reasonable inquiries made by an authorised officer the owner or occupier thereof cannot be found—

then on the hearing of the complaint of an authorised officer either generally or specially authorized in writing by the Secretary to make such a complaint the Magistrates' Court may fix a time within which such buildings huts fences dams weirs installations or crops shall be removed.

                (4)  If such removal is not effected within the time so fixed all such buildings huts fences dams weirs installations or crops shall thereupon become the property of the Crown and shall be disposed of as the Minister directs.

                (5)  In any case where after such inquiries the owner or occupier has not been found it shall be sufficient service of the notice of removal if a copy thereof is posted on some conspicuous part of the land on which the buildings huts fences dams weirs installations or crops are found.

       20   Offence to take wildlife from State Wildlife Reserve

                (1)  Any person who, without the authority in writing of the Minister under Part IIIA, takes or destroys wildlife in or upon a State Wildlife Reserve not being a State Game Reserve shall be guilty of an offence against this Act.

Penalty:           25 penalty units.

                (2)  Any person who without the authority in writing of the Minister hunts or wilfully disturbs wildlife in or upon a State Wildlife Reserve not being a State Game Reserve shall be guilty of an offence against this Act.

Penalty:           25 penalty units.

       21   Removing sand etc. from State Wildlife Reserve or Nature Reserve

                (1)  Any person who without the authority in writing of the Secretary digs or removes any sand, soil, or other material from a State Wildlife Reserve or a Nature Reserve or deposits rubbish, debris, or other material in a State Wildlife Reserve or a Nature Reserve shall be guilty of an offence against this Act.

Penalty:           25 penalty units.

                (2)  Any person, other than a person authorised under the Water Act 1989 to do so, who without the authority in writing of the Secretary interferes with or damages any structure or interferes with the flow of water into, out of, or within a State Wildlife Reserve or a Nature Reserve shall be guilty of an offence against this Act.

Penalty:           25 penalty units.

                (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.

Penalty:           25 penalty units.

_______________

Part III—Licences

       22   Wildlife licences

                (1)  The Secretary may license a person to do all or any of the following—

                         (a)  take or destroy wildlife;

                         (b)  buy, sell, acquire, receive, dispose of, keep, possess, control, breed, process or display wildlife.

                (3)  A licence—

                         (a)  must be in a prescribed category; and

                         (b)  is subject to any conditions, limitations and restrictions—

                                   (i)  that are prescribed; and

                                  (ii)  that the Secretary imposes on the licence or on that category of licence; and

                         (c)  is subject to the condition that the holder of the licence must allow inspection by an authorised officer, at any reasonable time, of any dwelling house specified in the licence for the purpose of monitoring compliance with this Act, the regulations or the conditions of the licence.

              (3A)  If the regulations vary the conditions, limitations or restrictions on wildlife licences or a category of wildlife licences, the variation has effect, in relation to a wildlife licence in force at the time the regulation is made, upon the Secretary giving notice of the variation to the holder of the licence.

S. 22(4) amended by No. 87/1997
s. 42(Sch.
item 14).
 

                (4)  A person seeking the issue of a licence must apply to the Secretary in the prescribed manner for a prescribed category of licence and must pay the appropriate prescribed fee with the application.

                (5)  A licence issued under this section does not authorise a person to take any wildlife from the wild or to destroy, buy, sell, dispose of, keep, possess, control, breed, process or display any wildlife taken from the wild unless the person is specifically authorised by the licence to do so.

                (6)  A person who holds a licence who contravenes subsection (5) or any condition, limitation or restriction of the licence is guilty of an offence and liable to a penalty not exceeding 100 penalty units.

                (7)  In addition to any other penalty to which the holder of a licence is liable under this Act, a court before which the holder is convicted of an offence against subsection (6) may impose any additional condition, limitation or restriction on the licence that the court thinks fit.

     22A   Game licences

                (1)  The Secretary may license a person to hunt, take or destroy game.

                (2)  A person seeking a game licence must apply to the Secretary in the prescribed manner for the game licence and must lodge the prescribed fee with the application.

                (3)  The Secretary may, subject to any conditions, limitations and restrictions that are prescribed or as the Secretary thinks fit to impose, license any person to hunt, take or destroy any game.

                (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.

              (4A)  Despite anything to the contrary in any other Act, if the Secretary 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.

              (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 Secretary giving notice of the variation to the holder of the licence.

                (5)  Subject to subsection (6), the Secretary must grant any application for a game licence unless the Secretary 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

                         (c)  the issue of the licence would be deleterious to the conservation of any taxon or any kind of game; or

                         (d)  the applicant is already the holder of a licence under this section; or

                         (e)  the applicant has failed any prescribed test about the identification of that taxon of wildlife in respect of which the licence is to be issued.

                (6)  The Secretary may refuse to grant any application for a game licence if the applicant has been convicted of any offence against this Act.

                (7)  A game licence unless sooner cancelled or surrendered under this Act continues in force for any period up to 5 years that is specified in the licence.

              (7A)  The Secretary must renew a licence upon application from the holder of the licence unless the Secretary is satisfied that—

                         (a)  any of the circumstances set out in subsection (5)(a), (b), (c) or (e) applies; or

                         (b)  the applicant has been found guilty of an offence against this Act or the regulations; or

                         (c)  the applicant has failed to comply with this Act, the regulations or the conditions of his or her licence.

              (7B)  Upon application made in writing and upon payment of any additional prescribed fee, the Secretary 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.

              (7C)  In considering an application under subsection (7B) the Secretary may refuse to grant the application if the Secretary is satisfied that any of the grounds set out in subsection (5)(a), (b), (c) or (e) applies.

              (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.

                (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.

       23   Secretary may refuse to grant licences in certain cases

                (1)  The Secretary may refuse to grant any application for a licence referred to in section 22 or to renew any such licence if the Secretary is satisfied that—

                         (a)  the applicant is not a fit and proper person to hold the licence applied for;

                         (b)  the premises specified in the application for grant or renewal as being the premises which is to house the wildlife in respect of which the licence is sought—

                                   (i)  are not suitable for housing the wildlife; or

                                  (ii)  are premises in respect of which a licence has already been issued; or

                                 (iii)  in the case of a private wildlife licence, are not premises at which the applicant resides;

                         (c)  the issue of the licence would be deleterious to the welfare or conservation of any wild life or of any taxon of wildlife;

                         (d)  the number of such 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 the holder of a wildlife licence; or

                         (g)  the applicant has failed to comply with this Act, the regulations or the conditions of his or her licence.

                (2)  Upon application made in writing and upon payment of any additional prescribed fees the Secretary may vary any licence in force under section 22 in any respect and as from the date of such variation the licence shall be deemed to have been granted as so varied.

       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.
 

                (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.

                (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.

                (4)  Any licence under section 22 may at any time be varied by the Secretary by notice in writing sent by post to the holder of the licence.

     25A   Mandatory cancellation of licences

                (1)  The Secretary must cancel a licence issued under this Part if the Secretary is satisfied on reasonable grounds that the holder knowingly provided false or misleading information with the application.

                (2)  Before cancelling a licence under this section, the Secretary must—

                         (a)  notify the holder in writing that it is proposed to cancel the licence; and

                         (b)  allow the holder 14 days within which to make oral or written submissions about the proposal.

                (3)  In making a decision, the Secretary must—

                         (a)  have regard to the submissions; and

                         (b)  notify the holder of the decision.

                (4)  In addition to cancelling the licence, the Secretary may—

                         (a)  cancel any other licence issued to that person under this Act; and

                         (b)  specify a time within which the person may not apply for another licence under this Act.

     25B   Power of Secretary to suspend licence

                (1)  The Secretary may suspend a licence, 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.

                (3)  The custody, care and management of any wildlife held under a licence which has been suspended under this section must be dealt with in accordance with the directions of the Secretary.

     25C   Making submissions on suspension

                (1)  Immediately on suspending a licence, the Secretary must allow the holder of the licence an opportunity to make written submissions.

                (2)  Submissions must be made within the period specified in the notice of suspension.

                (3)  On receiving any submissions under subsection (2), the Secretary must review the decision to suspend the licence, 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.

                (4)  The Secretary must notify the holder of the licence of the outcome of the review.

    25D   Power of the Secretary to cancel a licence

                (1)  The Secretary may cancel a 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)  Before cancelling a licence the Secretary must—

                         (a)  notify the holder that he or she proposes to cancel the licence; and

                         (b)  allow the holder of the licence 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 a licence, 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 his or her decision.

                (5)  A cancellation under this section has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which the notice is given.

                (6)  Any wildlife held under a licence which has been cancelled under this section must be disposed of in accordance with the directions of the Secretary.

       28   Production of licence

                (1)  The holder of any licence, permit, or other authority under this Act shall on demand by an authorised officer or by a member of the police force produce the licence, permit, or other authority for inspection by the officer or member either forthwith or, if he has not the licence, permit, or other authority in his possession at that time, within fourteen days thereafter at such place as the officer or member directs.

Penalty:           5 penalty units.

                (2)  Any person—

                         (a)  who gives or lends a licence under this Act to any other person or knowingly permits or suffers his licence to be used by any other person;

                         (b)  who when lawfully required to produce his licence under this Act produces or tenders a licence issued to any other person; or

                         (c)  tampers with, defaces, or otherwise unlawfully uses or attempts to use a licence under this Act issued to any other person—

shall be guilty of an offence against this Act.

Penalty:           50 penalty units.

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Part IIIA—Authorisations

     28A   Authorisation to take etc. wildlife

                (1)  The Secretary may give written authorisation to a person to do all or any of the following—

                         (a)  hunt, take or destroy wildlife;

                         (b)  buy, sell, acquire, receive, dispose of, keep, possess, control, breed, process, display, take samples from or experiment on wildlife;

                       (ba)  mark wildlife, handle wildlife for the purpose of marking it and interfere with the markings on wildlife—

if he or she is satisfied that the authorisation is necessary—

                         (c)  because wildlife is damaging any building, vineyard, orchard, crop, tree, pasture, habitat or other property owned, occupied or administered by the person to whom the authorisation is to be issued or property adjacent to or in proximity to such property; or

                         (d)  for the purposes of the management, conservation, protection or control of wildlife or for the purposes of education about wildlife, research into wildlife or scientific or other study of wildlife; or

                         (e)  for aboriginal cultural purposes; or

                          (f)  for the purposes of enabling the care, treatment or rehabilitation of sick, injured or orphaned wildlife; or

                         (g)  for the purposes of ensuring the health or safety of any person or class of persons; or

                         (h)  to support a recognised wildlife management plan; or

                          (i)  to make provision for the custody, care and management of wildlife, held under another authorisation or a licence which has been suspended, during the period of that suspension.

              (1A)  The Secretary may give written authorisation to a person to disturb wildlife or cause wildlife to be disturbed if the Secretary is satisfied that the authorisation is necessary—

                         (a)  because the wildlife is damaging any building, vineyard, orchard, crop, tree, pasture, habitat or other property, owned, occupied or administered by the person to whom the authorisation is to be issued or property adjacent to or in proximity to such property; or

                         (b)  to support a recognised wildlife management plan.

                (2)  An authorisation is subject to any conditions, limitations or restrictions placed on that authorisation or that category of authorisation—

                         (a)  by the Secretary; or

                         (b)  by the regulations.

                (3)  An authorisation is subject to the condition that the holder of the authorisation must allow inspection by an authorised officer, at any reasonable time, of any dwelling house specified in the authorisation for the purpose of monitoring compliance with this Act, the regulations or the conditions of the authorisation.

                (4)  A person seeking the issue of an authorisation must—

                         (a)  apply to the Secretary for the authorisation in the prescribed manner; and

                         (b)  provide any information required by the Secretary to accompany the application; and

                         (c)  pay the prescribed fee (if any) for the authorisation.

     28B   Offence of failing to comply with conditions of authorisation

A person to whom an authorisation under section 28A has been granted must comply with the conditions, limitations or restrictions of the authorisation.

Penalty:           50 penalty units.

     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.

    28D   Suspension of authorisation

                (1)  If the Secretary is satisfied that there are reasonable grounds to do so, the Secretary may suspend an authorisation, by notice in writing given to the holder of an authorisation.

                (2)  A suspension under this section has effect—

                         (a)  from the time specified in the notice under subsection (1), 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.

                (3)  The custody, care and management of any wildlife held under an authorisation which has been suspended under this section must be dealt with in accordance with the directions of the Secretary.

     28E   Making submissions on suspension

                (1)  Immediately on suspending an authorisation, the Secretary 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.

                (3)  On receiving any submissions under subsection (2), the Secretary 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.

                (4)  The Secretary must notify the holder of the authorisation of the outcome of the review.

     28F   Cancellation of authorisation

                (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).

                (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.

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Part IIIB—Authorisation Orders

    28G   Authorisation Orders as to taking etc. wildlife

                (1)  The Governor in Council, on the recommendation of the Minister, may make an order authorising a class of person to do all or any of the following—

                         (a)  hunt, take or destroy wildlife;

                         (b)  buy, sell, acquire, receive, dispose of, keep, possess, control, breed, process, display, take samples from or experiment on wildlife;

                         (c)  mark wildlife, handle wildlife for the purpose of marking it and interfere with the markings on wildlife.

                (2)  The Minister must not make a recommendation under subsection (1) unless he or she is satisfied that the making of the order is necessary—

                         (a)  because wildlife is damaging buildings, vineyards, orchards, crops, trees, pastures, habitats or other property and authority is to be given by the order to owners, occupiers or administrators of such property or persons living in the vicinity of such property; or

                         (b)  for the purposes of the management, conservation, protection or control of wildlife or for the purposes of education about wildlife, research into wildlife or scientific or other study of wildlife; or

                         (c)  for aboriginal cultural purposes; or

                         (d)  for the purposes of enabling the care, treatment or rehabilitation of sick, injured or orphaned wildlife; or

                         (e)  for the purposes of ensuring the health or safety of any person or class of persons; or

                          (f)  to support a recognised wildlife management plan.

    28H   Authorisation Orders as to disturbing wildlife

                (1)  The Governor in Council, on the recommendation of the Minister, may make an order authorising a class of person to disturb wildlife or cause wildlife to be disturbed.

                (2)  The Minister must not make a recommendation under subsection (1) unless he or she is satisfied that the making of the order is necessary—

                         (a)  because wildlife is damaging buildings, vineyards, orchards, crops, trees, pastures, habitats or other property and authority is to be given by the order to owners, occupiers or administrators of such property or persons living in the vicinity of such property; or

                         (b)  to support a recognised wildlife management plan.

      28I   Conditions in authorisation orders

                (1)  The Governor in Council may impose conditions on the carrying out of any activity under an authorisation order.

                (2)  Regulations made under this Act may impose conditions on the carrying out of any activity under an authorisation order.

     28J   Publication and commencement of authorisation order

                (1)  An authorisation order must be published in the Government Gazette.

                (2)  An authorisation order comes into operation on—

                         (a)  the day specified in the order, which must not be before the day on which the order is published in the Government Gazette; or

                         (b)  if no day is specified in the order, the day after the day on which the order is published in the Government Gazette.

    28K   Period of authorisation order

An authorisation order remains in force for the period specified in the order, or for 3 years from the commencement of the order (whichever is the earlier).

Part IV—Research and Management

       29   Secretary to carry out research etc.

Subject to the direction and control of the Minister the Secretary shall carry out or cause to be carried out investigations, field studies, and scientific or biological research for the purpose of conserving, and propagating wildlife or improving, conserving, or maintaining wildlife habitat and in particular, without in any way limiting the generality of the foregoing, the Secretary may carry out or cause to be carried out—

                         (a)  surveys of wildlife populations and wildlife habitats;

                         (b)  investigations concerning the possible effects and influence on wildlife and wildlife habitat of any existing or proposed river improvement work, drainage projects, water conservation projects, re-afforestation projects and any other project which may affect wildlife or wildlife habitat;

                         (c)  banding or marking of wildlife;

                         (d)  collection of wildlife for examination and study;

                         (e)  management of wildlife or wildlife habitat;

                          (f)  works for the improvement or preservation of wildlife habitat;

                         (g)  such public education programmes as he considers necessary for promoting and maintaining an appreciation of the value of wildlife;

                         (h)  scientific or biological research, studies, or investigations in conjunction with other scientific organizations;

                          (i)  economic studies and investigations with respect to the raising, keeping, and rearing of any taxon of wildlife for commercial purposes;

                          (j)  removal of wildlife from any particular locality;

                         (k)  any act or operation for the conservation of wildlife and improvement of wildlife habitat.

       30   Minister may authorize the use of prohibited equipment for certain purposes

                (1)  For the purposes of this Part the Minister may, subject to such conditions, limitations, and restrictions as he thinks fit to impose, authorize any person in writing (whether an officer of the Department within the meaning of the Conservation, Forests and Lands Act 1987 or not) to use any equipment or substance the use of which is prohibited by or under this Act to capture wildlife for examination, study, investigation, transfer or release elsewhere or for the purpose of stocking any zoo, public gardens, exhibition, experimental farm, or wildlife farm or eradicating any wildlife causing damage to crops or property.

                (2)  The Minister may cancel any authority given under subsection (1) by notice in writing sent by post to the holder of the authority.

       31   Persons acting under authority not guilty of offence

Notwithstanding anything to the contrary in this Act or the regulations any person who uses any equipment or substance or who captures or is in possession of or destroys wildlife under and in accordance with an authority given by the Minister under section 30 shall not with respect to such use, possession, or destruction be guilty of any offence against this Act or the regulations.

_______________

Part V—Wildlife Management Co-operative Areas, Prohibited Areas, and Sanctuaries

       32   Wildlife Management Co-operative Areas

                (1)  The Governor in Council on the recommendation of the Minister by Order published in the Government Gazette may declare any locality to be a Wildlife Management Co-operative Area for every kind or taxon of wildlife specified in the Order for the period of time specified in the Order.

                (2)  An Order shall not be made under subsection (1) in respect of any private land unless the owner or occupier thereof has first applied to the Minister in writing for such land to be declared a Wildlife Management Co-operative Area and the Minister has caused not less than one month's notice of intention to make the Order to be published in some newspaper circulating generally in the locality and in respect of any lands of the Crown unless the Minister has first consulted with the Minister administering the Water Act 1989.

                (3)  In respect of land declared under subsection (1) to be a Wildlife Management Co-operative Area the Secretary may prepare a scheme of operations the objects of which shall be the management, study, control of hunting, or preservation, of the kinds or taxon of wildlife specified in the Order or which exists in the area and the maintenance, restoration or improvement of the wildlife habitat thereon and such scheme, when approved by the Minister, shall be the working plan for the Wildlife Management Co-operative Area to which it relates.

                (4)  The working plan for any Wildlife Management Co-operative Area may be prepared in consultation between the Secretary, interested organizations, and the owner or occupier of any lands which pursuant to the provisions of this section have been declared to be a Wildlife Management Co-operative Area and upon the owner or occupier of such lands consenting to the working plan, the working plan shall be submitted to the Minister for approval, and when approved by the Minister shall bind the land to which it relates for the period specified in the Order and in the case of private land may be enforced against any owner or occupier for the time being as if it were an agreement in writing executed by him.

                (5)  The plan may contain provisions requiring the involvement and participation of officers of the Department within the meaning of the Conservation, Forests and Lands Act 1987 with such interested organizations, owners or occupiers for the carrying out of works or of any act or operation in furtherance of the objects of the working plan.

                (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.

                (7)  Any dispute arising with respect to a working plan under this section between the Department within the meaning of the Conservation, Forests and Lands Act 1987 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

                (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.

                (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.

                (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.

                (4)  Any person who knowingly enters into or takes a vehicle or boat into or upon a prohibited area within the meaning of subsection (1) without first obtaining the authority in writing of the Secretary shall be guilty of an offence against this Act.

Penalty:           25 penalty units.

                (5)  Any dispute arising with respect to a proposal for a prohibited area under this section shall be determined by the Governor in Council whose decision thereon shall be final.

       34   Wildlife sanctuaries

                (1)  The Governor in Council may by Order published in the Government Gazette declare any area of land or water or of land and water (whether inland waters or coastal waters) to be a wildlife sanctuary for the purposes of this Act.

                (2)  An Order shall not be made under subsection (1) in respect of any private land unless the owner or occupier thereof has first applied to the Minister in writing for such land to be declared a wildlife sanctuary or in respect of any lands of the Crown unless the Minister has first consulted with the Minister administering the Water Act 1989 and in either case the Minister has caused to be published in some newspaper circulating generally in the locality not less than one month's notice of intention to make the Order.

                (3)  Any dispute arising with respect to a proposal for a wildlife sanctuary under this section shall be determined by the Governor in Council whose decision thereon shall be final.

                (4)  The Secretary shall cause notices to be erected on or near the principal roads having access to wildlife sanctuaries declared under this section advising persons using the road that they are entering or passing or are adjacent to (as the case requires) a wildlife sanctuary within the meaning of this section.

       35   Offences in relation to wildlife sanctuaries

                (1)  Any person who takes or destroys wildlife in or upon a sanctuary shall be guilty of an offence against this Act.

Penalty:           25 penalty units.

                (2)  Any person who without the authority in writing of the Secretary hunts or wilfully disturbs wildlife in or upon a sanctuary shall be guilty of an offence against this Act.

Penalty:           25 penalty units.

Part VII—Offences

       41   Hunting, taking or destroying threatened wildlife

                (1)  A person must not hunt, take or destroy, threatened wildlife.

Penalty:           240 penalty units or 24 months imprisonment or both the fine and imprisonment and an additional penalty of 20 penalty units for every head of wildlife in respect of which an offence has been committed.

                (2)  Subsection (1) does not apply to a person—

                         (a)  who holds a licence or authorisation that authorises the hunting, taking or destroying of threatened 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 hunting, taking or destroying of threatened wildlife, when that person is acting in accordance with the order.

       43   Hunting, taking or destroying protected wildlife

                (1)  A person must not hunt, take or destroy other protected wildlife.

Penalty:           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. 43(2) substituted by No. 45/2008 s. 8(1).
 

                (2)  Subsection (1) does not apply to a person—

                         (a)  who holds a licence or authorisation that authorises the hunting, taking or destroying of 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 hunting, taking or destroying of other protected wildlife, when that person is acting in accordance with the order.

                (3)  In this section other protected wildlife means protected wildlife which is not threatened wildlife or game.

       44   Hunting, taking or destroying game

                (1)  During the close season for a taxon of game a person must not hunt, take or destroy any game of that taxon of game.

Penalty:           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 game in respect of which an offence has been committed.

                (2)  Subsection (1) does not apply to a person—

                         (a)  who holds an authorisation that authorises the hunting, taking or destroying of that taxon of game, when that person is acting in accordance with the 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 hunting, taking or destroying of that taxon of game, when that person is acting in accordance with the order.

                (3)  During the open season for a taxon of game a person must not hunt, take or destroy game of that taxon of game.

Penalty:           10 penalty units.

                (4)  Subsection (3) does not apply to a person—

                         (a)  who holds a licence or authorisation that authorises the hunting, taking or destroying of that taxon of game, 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 hunting, taking or destroying of that taxon of game, when that person is acting in accordance with the order.

       45   Acquiring etc. threatened wildlife

                (1)  A person must not buy, sell, acquire, receive, dispose of, keep, possess, control, breed, process, display, take samples from or experiment on threatened wildlife.

Penalty:           240 penalty units or 24 months imprisonment or both the fine and imprisonment and an additional penalty of 20 penalty units for every head of wildlife in respect of which an offence has been committed.

                (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 threatened 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 threatened wildlife, when that person is acting in accordance with the order.

       47   Acquiring etc. protected wildlife

                (1)  A person must not buy, sell, acquire, receive, dispose of, keep, possess, control, breed, process, display, take samples from or experiment on other protected wildlife.

Penalty:           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.

                (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.

                (3)  In this section other protected wildlife means protected wildlife which is not threatened wildlife.

     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.

     47C   Employees of licence holders

                (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.

    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, disposed of, kept, possessed, controlled, bred, processed or displayed in contravention of this Act or any corresponding law of another State or a Territory of the Commonwealth.

Penalty:           240 penalty units or 24 months imprisonment or both.

                (2)  It is a defence to a charge brought under subsection (1) against a person to prove that the person took reasonable steps to ascertain and reasonably believed that the wildlife was not unlawfully taken, destroyed, acquired, received, bought, sold, disposed of, kept, possessed, controlled, bred, processed or displayed.

     47E   Exemption from definition of prohibited person in Firearms Act 1996

Despite anything to the contrary in the Firearms Act 1996, a person, in relation to whom not more than 12 months have expired since that person was found guilty by a court of an offence against section 41, 43 or 44(1), is deemed not to be a prohibited person (within the meaning of that Act) unless the Court, upon that finding of guilt, imposed a term of imprisonment (within the meaning of that Act).

       48   Offence for dogs or cats to attack etc. wildlife

                (1)  If a dog or cat rushes at, attacks, bites, worries or chases wildlife while at large on public land, the owner is guilty of an offence and liable, upon conviction, to a penalty of not more than 25 penalty units.

                (2)  Subsection (1) does not apply to dogs pursuing game birds or sambar deer in accordance with regulations made under this Act.

                (3)  An authorised officer may destroy any dog or cat found in circumstances in which the authorised officer reasonably believes that an offence under this section is being committed.

     48A   Seizure of dogs or cats

                (1)  An authorised officer may seize a dog or cat which is found at large on any public land which is—

                         (a)  a Nature Reserve or a State Wildlife Reserve; or

                         (b)  a Wildlife Management Co-operative Area or a wildlife sanctuary established under Part V; or

                         (c)  any other area prescribed for the purposes of this section.

                (2)  If reasonable attempts have been made to seize a dog or cat found at large in circumstances in which subsection (1) applies, and the dog or cat has not been seized, an authorised officer may destroy the dog or cat.

                (3)  An authorised officer who seizes a dog or cat must, as soon as is reasonably possible, deliver it to an authorised officer of the Council of the municipal district in which the animal is found.

     48B   Owner to be notified

                (1)  If the owner of a dog or cat which has been delivered to the authorised officer of a Council under section 48A is able to be identified from a marker attached to or implanted in the animal's body, the Council must notify the owner of the seizure of the animal.

                (2)  A notice under this section must be in writing and must be delivered either personally or by post within 4 days after the animal is seized.

     48C   Recovery or disposal of animal

                (1)  The owner of a dog or cat which has been seized under section 48A may recover that animal if he or she pays the amount fixed by the Council within 8 days of the seizure of that animal.

                (2)  If the dog or cat is not recovered by its owner within 8 days of seizure, the Council may sell or destroy it.

       49   Power to make Order prohibiting possession etc. of certain wildlife

                (1)  Where it appears to the Governor in Council to be desirable in the public interest for ensuring the survival of any kind or taxon of wildlife indigenous to Victoria, for maintaining the identity or distinctive characteristics of any kind or taxon of wildlife indigenous to Victoria, or for preventing the introduction or spread of disease among wildlife the Governor in Council may by Order published in the Government Gazette—

                         (a)  prohibit or regulate the keeping or possession in Victoria or in any part or parts of Victoria of any kind or taxon of wildlife specified in the Order;

                         (b)  prohibit or regulate the transportation abandonment, or release in Victoria or in any part or parts of Victoria of any kind or taxon of wildlife specified in the Order;

                         (c)  authorize the seizure and disposal of any wildlife found kept in contravention of any Order made under this section or abandoned or released from captivity or confinement and believed by an authorised officer on reasonable grounds to be at large;

                         (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.

                (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.

Penalty:           50 penalty units.

       50   Import and export permits

                (1)  A person must not—

                         (a)  import wildlife into Victoria from another State or Territory of the Commonwealth; or

                         (b)  export wildlife from Victoria to another State or Territory of the Commonwealth—

without a permit issued by the Secretary.

Penalty:           100 penalty units.

              (1A)  Subsection (1) does not apply to wildlife and wildlife products prescribed for the purposes of this section.

                (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—

                         (a)  each item of wildlife to which the application relates—

                                   (i)  was lawfully obtained; and

                                  (ii)  is lawfully kept; and

                                 (iii)  in the case of the proposed import from another State or Territory into Victoria, may be lawfully moved from that State or Territory; and

                         (b)  the proposed import or export of wildlife will not pose a risk to the health or safety of any person or livestock or prejudice the conservation of protected wildlife in Victoria; and

                         (c)  each item of wildlife to which the application relates may lawfully be the object of trade in the State or Territory from which the wildlife is to be imported or the State or Territory to which the wildlife is to be exported; and

                         (d)  the proposed export from Victoria of the wildlife to which the application relates will not adversely affect the population in the wild of the kind or taxon of wildlife to be exported; and

                         (e)  in the case of the proposed import of wildlife from another State or Territory, the bringing into or keeping in Victoria of the kind or taxon of wildlife to which the application relates is not contrary to the law of Victoria or of the State or Territory or the circumstances under which that wildlife is proposed to be kept in Victoria are not contrary to the law of Victoria or of the State or Territory; and

                          (f)  no person in Victoria who is concerned in the import or export of the wildlife to which the application relates is at the time of the application subject to suspension of or cancellation of or disqualification from holding a licence, permit or authority pursuant to section 70.

                (3)  A person seeking the issue of a permit must apply to the Secretary in the prescribed manner.

                (4)  An application under subsection (3) must be accompanied by the prescribed fee (if any).

                (5)  A permit is subject to any conditions, limitations or restrictions imposed on that permit by the Secretary.

                (6)  A person to whom a permit under this section has been granted must comply with the conditions, limitations and restrictions of that permit.

Penalty:           100 penalty units.

       51   Marking protected wildlife

                (1)  Any person who marks protected wildlife by means of a ring, band, dye, or other means whatsoever shall be guilty of an offence against this Act.

Penalty:           100 penalty units.

              (1A)  Subsection (1) does not apply to a person—

                         (a)  who holds a licence or authorisation that authorises the person to handle and mark the 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 handling and marking of the wildlife, when that person is acting in accordance with the order.

                (2)  A person must not interfere with a mark which has been placed on protected wildlife in accordance with this Act.

Penalty:           100 penalty units.

                (3)  Subsection (2) does not apply to—

                         (a)  an authorised officer who is acting in the course of his or her duties; or

                         (b)  a person who holds a licence or authorisation that authorises the interfering with markings on protected wildlife, when that person is acting in accordance with the licence or authorisation; or

                         (c)  who is a member of a class of person in respect of whom an authorisation order has been made that authorises the interfering with markings on protected wildlife, when that person is acting in accordance with the order.

       52   Release of birds and animals from captivity or confinement

No person shall without first obtaining the consent in writing of the Secretary wilfully abandon or release from captivity or confinement in circumstances which makes recovery impossible or uncertain any wildlife or any animal of a taxon proclaimed by the Governor in Council by proclamation published in the Government Gazette to be a taxon to which this section applies.

Penalty:           50 penalty units.

       53   Use of prohibited equipment

Any person who has in his possession without the authority in writing of the Secretary in or upon or adjacent to any lake, swamp, marsh, sanctuary, or State Wildlife Reserve or uses in taking or hunting wildlife any snare, trap, net, gun, or substance the use of which is prohibited by or under this Act in connexion with the taking of wildlife shall be guilty of an offence against this Act.

Penalty:           25 penalty units.

       54   Killing wildlife by poison

S. 54(1) amended by Nos 70/1990 s. 12(1)(o), 87/1997
s. 18.
 

                (1)  Any person who kills, destroys, takes or injures wildlife by any bait impregnated with poison or any substance, whether liquid, solid, or gaseous, which is prescribed to be a poison for the purposes of this section or lays any such poison or substance with intent to kill, destroy, take, or injure wildlife shall be guilty of an offence against this Act.

Penalty:           100 penalty units or 6 months imprisonment or both the fine and imprisonment.

                (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.

       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.

Penalty:           20 penalty units.

       56   Punt guns

                (1)  No person shall use a punt gun in hunting or taking wildlife or have a punt gun in his possession in upon or adjacent to any lake, marsh, swamp, or waters being a recognized wildlife habitat or in a boat or vehicle in upon or adjacent thereto.

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;

                         (c)  a bore of greater size than the calibre now known as twelve bore or gauge;

                         (d)  a weight exceeding 7·50 kilograms;

                         (e)  more than two barrels;

                          (f)  has been constructed or adapted to be operated otherwise than by being raised at arm's length and fired without other support from the shoulder; or

                         (g)  a combination of more than two guns temporarily or permanently secured together.

                (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.

       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.

Penalty:           50 penalty units.

       58   Molesting and disturbing etc. protected wildlife

                (1)  Any person who—

                         (a)  wilfully molests or injures protected wildlife or wilfully causes protected wildlife to be molested or injured;

                         (b)  wilfully disturbs, chases or herds protected wildlife or wilfully causes protected wildlife to be disturbed, chased or herded;

                         (c)  wilfully separates protected wildlife from its young or causes it to be so separated—

shall be guilty of an offence against this Act.

Penalty:           20 penalty units.

                (2)  Subsection (1) does not apply to a person—

                         (a)  who is disturbing wildlife or causing wildlife to be disturbed—

                                   (i)  who holds an authorisation under section 28A(1) that authorises the person to disturb wildlife or cause wildlife to be disturbed, when that person is acting in accordance with the authorisation; or

                                  (ii)  who is a member of a class of person in respect of whom an authorisation order has been made that authorises the disturbing of wildlife or the causing of wildlife to be disturbed, when that person is acting in accordance with the order; or

                         (b)  who holds any other authorisation or a licence under this Act that authorises the person to—

                                   (i)  wilfully molest or injure protected wildlife or wilfully cause protected wildlife to be molested or injured; or

                                  (ii)  wilfully disturb, chase or herd protected wildlife or wilfully cause protected wildlife to be disturbed, chased or herded; or

                                 (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.

     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.

Penalty:           120 penalty units.

     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.

Penalty:           120 penalty units.

     58C   Offence for certain persons to enter on or remain in specified hunting area

                (1)  During the open season for duck, a person must not enter on or remain in any specified hunting area at any time in the season which is specified in regulations made under subsection (2), unless the person—

                         (a)  is the holder of—

                                   (i)  a game licence authorising the hunting or taking of game birds (including duck); and

                                  (ii)  a longarm licence under the Firearms Act 1996; or

                         (b)  is an authorised officer or a member of the police force acting in the course of his or her duty; or

                         (c)  is acting in accordance with the authorisation of the Secretary.

Penalty:           10 penalty units.

                (2)  The Governor in Council may make regulations—

                         (a)  declaring any area to be a specified hunting area; and

                         (b)  specifying the times during which entry onto the area or remaining in the area is prohibited for the purposes of subsection (1).

    58D   Offence to approach a person who is hunting

During the open season for duck, a person must not approach to within a distance of 10 metres or less from a person who is carrying a firearm or hunting or taking game birds in a specified hunting area unless the person who so approaches—

                         (a)  is hunting or taking game birds from the same boat, the same hide or blind or the same natural cover as the other person; or

                         (b)  is supervising the other person in hunting or taking game birds; or

                         (c)  is an authorised officer or a member of the police force acting in the course of his or her duty; or

                         (d)  is acting in accordance with the authorisation of the Secretary.

Penalty:           10 penalty units.

     58E   Hindering or obstructing hunting

A person must not interfere with, harass, hinder or obstruct a person who is engaged in hunting or taking game in accordance with this Act.

Penalty:           20 penalty units.

_______________

Part VIII—Enforcement and Legal Proceedings

       59   Powers of authorised officers

                (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—

                         (a)  searching the lands, waters, tent, building or structure and any thing found at the lands, waters, tent, building or structure;

                         (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;

                       (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—

found at the lands, waters, tent, building or structure;

                       (bb)  with whatever assistance is required, mark any wildlife or thing found at the lands, waters, tent, building or structure for the purpose of later being able to identify it;

                       (bc)  inspecting and making copies of or taking extracts from any document kept at the lands, waters, tent, building or structure;

                       (bd)  seizing any thing found at the lands, waters, tent, building or structure if the authorised officer believes on reasonable grounds that it is necessary to seize the thing in order to prevent—

                                   (i)  its concealment, loss or destruction; or

                                  (ii)  its use in committing, continuing or repeating an offence against this Act;

                         (c)  constructing, erecting, and maintaining notices, posts, buoys, beacons, or other markers for or in connexion with the boundaries of areas referred to in or held under this Act or the subject of applications made for the purposes of this Act;

                         (d)  searching for and seizing any wildlife which have been taken or are apparently being held or retained in contravention of this Act and any documents or records relating thereto;

                          (f)  searching for and seizing or dismantling or destroying any duck-trap, net, or other equipment which is apparently being used or has been used in contravention of this Act;

                         (g)  carrying out any scientific study authorized by the Secretary; or

                         (h)  generally for ascertaining whether the holder of any licence issued pursuant to this Act is complying with the conditions, limitations or restrictions subject to which the licence was issued.

                (5)  An authorised officer or member of the police force shall not in any way be liable for anything done by him in the exercise of his powers and functions under this Act.

     59A   Searches of personal property

An authorised officer or member of the police force may, at any time without warrant, search any parcel, basket, bag, box or receptacle for any thing which he or she reasonably believes is being used or is likely to be used in contravention of this Act, and may do any one or more of the following—

                         (a)  inspect and take photographs (including video recordings) of the premises or any thing found during the course of the search;

                         (b)  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—

found during the course of the search;

                         (c)  with whatever assistance is required, mark any wildlife or thing found during the course of the search for the purpose of later being able to identify it;

                         (d)  inspect and make copies of or take extracts from any document found during the course of the search;

                         (e)  seize any thing found during the course of the search if the authorised officer believes on reasonable grounds that it is necessary to seize the thing in order to prevent—

                                   (i)  its concealment, loss or destruction; or

                                  (ii)  its use in committing, continuing or repeating an offence against this Act.

     59B   Searches of vehicles and boats

An authorised officer or a member of the police force may, at any time, without warrant, stop and search any boat or vehicle which he or she reasonably believes has been used by persons committing an offence against this Act or which contains persons the officer or member wants to question with respect to an offence against this Act and may do any one or more of the following—

                         (a)  inspect and take photographs (including video recordings) of the boat or vehicle or any thing found during the course of the search;

                         (b)  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—

found during the course of the search;

                         (c)  with whatever assistance is required, mark any wildlife or thing found during the course of the search for the purpose of later being able to identify it;

                         (d)  inspect and make copies of or take extracts from any document found during the course of the search;

                         (e)  seize any thing found during the course of the search if the authorised officer believes on reasonable grounds that it is necessary to seize the thing in order to prevent—

                                   (i)  its concealment, loss or destruction; or

                                  (ii)  its use in committing, continuing or repeating an offence against this Act.

S. 59C inserted by No. 87/1997
s. 22.
 

s. 59C
 

     59C   Search warrant for evidence of offence

                (1)  An authorised officer may apply to a magistrate for the issue of a search warrant in relation to a particular premises if the authorised officer believes on reasonable grounds that there is, or may be within the next 72 hours, on the premises a particular thing that may be evidence of the commission of an offence against this Act.

                (2)  If a magistrate is satisfied by the evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on the premises a particular thing that may be evidence of the commission of an offence against this Act, the magistrate may issue a search warrant authorising an authorised officer named in the warrant and any assistants the officer considers necessary—

                         (a)  to enter the premises named or described in the warrant; and

                         (b)  to search for and seize a thing named or described in the warrant.

                (3)  In addition to any other requirement, a search warrant under this section must state—

                         (a)  the offence suspected; and

                         (b)  the premises to be searched; and

                         (c)  a description of the thing to be searched for; and

                         (d)  any condition to which the warrant is subject; and

                         (e)  whether entry is authorised to be made at any time or during stated hours; and

                          (f)  a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

                (4)  If, in the course of executing a warrant under this section, the person executing the warrant finds a thing that he or she believes on reasonable grounds to be—

                         (a)  connected with the offence, although not the thing named or described in the warrant; or

                         (b)  connected with another offence against this Act—

and the person believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence, the warrant is deemed to authorise the person to seize the thing.

                (5)  A search warrant under this section must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.

                (6)  The rules to be observed with respect to search warrants set out in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

    59D   Announcement before entry

                (1)  Before executing a search warrant, the authorised officer named in the warrant or a person assisting the authorised officer must announce that he or she is authorised by the warrant to enter the premises or dwelling-house and give any person at the premises or dwelling-house an opportunity to allow immediate entry to the premises or dwelling-house.

                (2)  The authorised officer or a person assisting the authorised officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises or dwelling-house is required to ensure—

                         (a)  the safety of any person; or

                         (b)  that the effective execution of the search warrant is not frustrated.

     59E   Copy of warrant to be given to occupier

If the occupier or another person who apparently represents the occupier is present at the premises or dwelling-house when a search warrant is being executed, the authorised officer must—

                         (a)  identify himself or herself to that person by producing evidence of his or her identity for inspection by that person; and

                         (b)  give that person the occupier's copy of the warrant.

     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.

                (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;

                         (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—

which the officer believes on reasonable grounds to be required to prove the offence;

                         (d)  with whatever assistance is required, mark any wildlife or thing which the officer believes, on reasonable grounds, to be required to prove the offence, for the purpose of later being able to identify it;

                         (e)  inspect and make copies of or take extracts from any document which the officer or member believes, on reasonable grounds, to be evidence of the commission of the offence.

                (2)  Where any equipment, net, trap, gun, substance, instrument or other device the use of which is prohibited by or under this Act is seized that equipment, net, trap, gun, substance, instrument, or other device is forfeited to Her Majesty and shall be disposed of as the Minister directs.

                (3)  Where any equipment, trap, net, gun or other weapon or other device is seized and the person found with that equipment, trap, net, gun or other weapon or other device is convicted by a court for an offence of taking or killing wildlife in contravention of this Act that equipment, trap, net, gun or other weapon or other device is forfeited to Her Majesty and shall be disposed of as the Minister directs.

                (4)  Where a gun the use of which is not prohibited by or under this Act is seized by any person in the exercise of his powers under this Act a court convicting a person of any offence in respect of which the seizure was made may authorize the return of the gun to the accused or to the owner (as the case requires) but where the person convicted is proved to have been previously convicted of killing wildlife contrary to the provisions of this Act the court shall order the forfeiture of the gun which shall be disposed of as the Minister directs.

                (5)  Any equipment, net, trap, substance, gun or other weapon, instrument or device forfeited under this section or seized under this Act and not claimed within twelve months may be destroyed or be sold.

     60A   Power to require production of firearms licence

                (1)  An authorised officer who—

                         (a)  has reasonable grounds for suspecting that—

                                   (i)  a person is in possession of a firearm; and

                                  (ii)  that the person intends to use the firearm for the purposes of hunting wildlife; and

                         (b)  produces evidence of his or her identity to the person—

may demand that the person produce his or her licence under the Firearms Act 1996 to possess, carry or use the firearm.

                (2)  A person to whom a demand is directed under subsection (1) must comply with that demand.

Penalty:           30 penalty units.

     60B   Requirements as to taking samples, seizing

                (1)  An authorised officer or member of the police force may not take samples of a thing or seize a thing apparently in the possession of a person unless the officer or member makes out or tenders to the person a written receipt for the sample taken or thing seized.

                (2)  If the officer or member is unable to ascertain the identity of the owner or custodian of the thing seized or sampled, the officer or member must leave a receipt with or post it to the person apparently in charge of the thing seized.

                (3)  If an officer or member seizes a thing he or she must take reasonable steps to return the thing to the person from whom it was seized if the reason for its seizure no longer exists.

     60C   Samples

If an authorised officer or member of the police force proposes to take samples, he or she must—

                         (a)  advise the owner, if possible, before taking the sample that it is taken for the purpose of analysis; and

                         (b)  where, in the opinion of the officer it is reasonably possible, divide the sample into 3 parts and give 1 part to the owner, 1 part to the analyst and keep 1 part untouched for future comparison.

    60D   Retention notices

                (1)  If an authorised officer or a member of the police force believes on reasonable grounds that any thing has been taken or is being held in contravention of this Act or the law of another State or a Territory of the Commonwealth, the officer or member may issue the person holding the thing with a notice requiring that person to keep the thing in his or her possession and not to sell or dispose of the thing.

                (2)  A notice under subsection (1)—

                         (a)  must be in writing; and

                         (b)  has effect for the period specified in the notice (which must not be more than 90 days from the issue of the notice); and

                         (c)  may be cancelled by the person who issued the notice; and

                         (d)  is subject to any terms and conditions specified in the notice.

                (3)  If the Secretary is of the opinion that it is reasonably necessary to do so, the Secretary may extend the period for which a notice has effect under subsection (2).

                (4)  If the Secretary extends the period for which a notice has effect, the Secretary must, before the expiry of the original extension—

                         (a)  notify the person to whom the notice is issued of the extension; and

                         (b)  specify in the notice the period for which the extension is to have effect.

                (5)  A person to whom a notice has been issued must comply with the notice.

Penalty:           120 penalty units or 12 months imprisonment or both.

     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

                (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 member of the police force give his name and place of residence.

                (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.

                (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.

Penalty:           20 penalty units.

                (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.

                (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.

Penalty:           120 penalty units or 12 months imprisonment or both the fine and imprisonment.

                (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.

Penalty:           10 penalty units.

                (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.

                (4)  A person must comply with a direction under subsection (3).

Penalty:           120 penalty units or 12 months imprisonment or both the fine and imprisonment.

                (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.

                (6)  A person must comply with a direction under subsection (5).

Penalty:           10 penalty units.

     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.

Penalty:           50 penalty units.

       64   Statements of the Secretary as evidence

A statement in writing purporting to be under the seal of the Secretary to the effect that—

                         (a)  a specified person was or was not the holder of a licence, authorisation or permit under this Act; or

                         (b)  a licence, authority or permit under this Act is subject to specified conditions, restrictions or limitations; or

                         (c)  a premises is the premises specified in a licence under this Act; or

                         (d)  a specified person was or was not issued with a tag under this Act—

is evidence, and in the absence of evidence to the contrary, is proof of the facts stated in it.

       65   Eggs presumed to be threatened wildlife

In any proceedings for an offence against this Act it must be presumed that any eggs or parts of eggs are the eggs or parts of eggs of threatened wildlife unless the contrary is proven.

       68   Simplification of proof

                (1)  For the purposes of this Act any person having in his possession wildlife and a gun or other weapon, net, trap, or snare shall be deemed unless the contrary is proved by that person to have taken that wildlife by the use of such equipment.

                (2)  Where the taking or killing of a particular kind of wildlife is prohibited by the regulations in any particular place any person proved to have wildlife of that kind in his possession in upon or adjacent to that area shall be deemed unless the contrary is proved by that person to have taken or killed that wildlife in that area.

                (3)  Where the taking or killing of a particular kind of wildlife is prohibited generally any person proved to have wildlife of that kind in his possession in upon or adjacent to a habitat of that wildlife shall be deemed unless the contrary is proved by that person to have taken or killed that wildlife in that habitat.

                (4)  Without in any way limiting or derogating from the generality of any other provisions of this Act with respect to the taking of protected wildlife a person shall be deemed to take protected wildlife—

                         (a)  who has protected wildlife, whether alive or dead, in his possession or under his control or in a vehicle or boat in which he is travelling or using or in a dwelling-house owned or occupied by him;

                         (b)  who shoots protected wildlife with a gun or with a missile discharged from any other weapon;

                         (c)  who captures protected wildlife in a trap, snare, or net;

                         (d)  who poisons protected wildlife by any bait set or laid by him in a sanctuary or in a habitat of protected wildlife.

                (5)  Without in any way limiting or derogating from the generality of any other provisions of this Act with respect to the hunting of protected wildlife and without prejudice to any other means of proving that any person was hunting protected wildlife a person shall be deemed to be hunting protected wildlife—

                         (a)  who discharges a gun or other weapon at protected wildlife;

                         (b)  who in upon or adjacent to a sanctuary State Wildlife Reserve or lake, marsh, swamp, waters or land being the recognized habitat of protected wildlife carries, uses, controls or possesses a gun or other weapon;

                         (c)  who in a sanctuary or State Wildlife Reserve has with him a dog of a recognized hunting breed whether or not he also has a gun or other weapon;

                         (d)  who sets a trap, snare, or net in upon or adjacent to a sanctuary State Wildlife Reserve or lake, marsh, swamp or waters being the habitat of protected wildlife;

                         (e)  who lays poison in a sanctuary or State Wildlife Reserve.

                (6)  Any person who in a newspaper or by notice on his property advertises wildlife for sale shall be deemed until the contrary is proved to have exposed for sale the protected wildlife mentioned in the advertisement or notice.

       69   Onus of proving wildlife not taken in Victoria

On proceedings for an offence against any of the provisions of this Act or the regulations or any proclamation with respect to taking or killing of wildlife alleged by the informant to have been taken or killed in Victoria it shall be upon the person charged to prove that the wildlife was not taken or killed in Victoria.

       70   Cancellation of licence upon conviction for offence

                (1)  Where the holder of a licence, permit, or other authority under this Act or the regulations or any proclamation is convicted by a court for an offence against this Act or the regulations or any proclamation the court may, in addition to imposing any other penalty, order that the licence, permit, or authority be cancelled or be suspended for such period as the court thinks fit and where it so cancels a licence, permit, or authority, may disqualify the person convicted from obtaining any such licence, permit, or authority for any specified period.

              (1A)  If a court has cancelled or suspended a licence, permit or authority under subsection (1), the court may order that—

                         (a)  if the licence, permit or authorisation has been suspended, before the end of the suspension, the holder be required to successfully complete any prescribed test about the identification of that taxon of wildlife in respect of which the licence, permit or authorisation was issued (whether or not that person has previously successfully completed that test); or

                         (b)  if the licence, permit or authorisation has been cancelled, before a person is eligible to be granted a new licence, permit or authorisation, the person be required to successfully complete any prescribed test about the identification of that taxon of wildlife in respect of which a new licence, permit or authorisation is applied for (whether or not that person has previously successfully completed the test).

              (1B)  If a court makes an order under subsection (1A), the suspension or cancellation of the licence, permit or authorisation remains in force, despite any other provision of this Act, until the test has been successfully completed.

                (2)  A court which cancels or suspends a licence issued under section 22 may, in determining the date when the cancellation or suspension takes effect, have regard to the need for a licence holder to dispose of any wildlife in his or her possession under that licence.

     70A   Disposal of seized things

                (1)  If a person is found guilty by a court of an offence against this Act, the regulations or any proclamation made under this Act, the court may, in addition to imposing any other penalty, order any thing seized under this Act which relates to that offence to be destroyed or otherwise disposed of in the manner specified in the order.

                (2)  The Magistrates' Court may, on the application of an authorised officer, order that any thing seized under this Act be destroyed or otherwise disposed of, if the Court is satisfied that—

                         (a)  the owner of the thing cannot be found; or

                         (b)  in the case of wildlife, the person apparently in possession of the wildlife does not hold a licence, authorisation or permit under this Act to do so.

__________________

Part IX—Controlled Operations

Division 1—Introduction

       71   Definitions

In this Part—

authorised operation means a controlled operation for which an authority is in force;

authority means an authority in force under this Part, and includes any variation of such an authority;

conduct includes any act or omission;

controlled conduct means conduct which, but for section 74H, would constitute a relevant offence;

controlled operation means an operation that—

                                  (a)  is conducted, or intended to be conducted, for the purpose of obtaining evidence that may lead to the prosecution of a person for a relevant offence; and

                                 (b)  involves, or may involve, controlled conduct;

criminal activity means conduct that involves the commission of a relevant offence by one or more persons;

illicit goods means goods the possession, taking, receiving, buying, selling, consigning, storing or trafficking of which is a contravention of this Act;

law enforcement officer means—

                                  (a)  an authorised officer; or

                                 (b)  a member of the police force; or

                                  (c)  a member of a police force of the Commonwealth or of another State or a Territory;

participant in an authorised operation means a law enforcement officer who is authorised under an authority to engage in controlled conduct for the purposes of the operation;

principal law enforcement officer for a controlled operation means the law enforcement officer who is responsible for the conduct of the operation;

relevant offence means an offence against section 41, 43, 45, 47, 47D, 50, 51 or 76;

Special Investigations Monitor means the Special Investigations Monitor appointed under the Major Crime (Special Investigations Monitor) Act 2004;

suspect means a person reasonably suspected of having committed or being likely to have committed, or of committing or being likely to be committing, a relevant offence.

       72   Evidentiary matters

                (1)  Subject to subsection (2), this Part is not intended to limit a discretion that a court has—

                         (a)  to admit or exclude evidence in any proceedings; or

                         (b)  to stay criminal proceedings in the interests of justice.

                (2)  In determining whether evidence should be admitted or excluded in any proceedings, the fact that the evidence was obtained as a result of a person engaging in criminal activity is to be disregarded if—

                         (a)  the person was a participant acting in the course of an authorised operation; and

                         (b)  the criminal activity was controlled conduct.

Division 2—Authorisation of controlled operations

       73   Applications for authorities to conduct controlled operations

                (1)  The proposed principal law enforcement officer for a controlled operation may apply to the Secretary for authority to conduct the operation.

                (2)  An application for authority must—

                         (a)  be in writing signed by the applicant; and

                         (b)  contain sufficient information to enable the Secretary to decide whether or not to grant the application; and

                         (c)  state whether or not the proposed operation, or any other controlled operation with respect to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority and, if so, whether or not the authority was given or variation granted.

                (3)  The Secretary may require the applicant to furnish any additional information concerning the proposed operation that is necessary for the Secretary's proper consideration of the application.

       74   Determination of applications

After considering an application for authority to conduct a controlled operation, and any additional information furnished under section 73(3), the Secretary—

                         (a)  may authorise the operation by granting the authority, either unconditionally or subject to conditions; or

                         (b)  may refuse the application.

     74A   Matters to be taken into account

An authority to conduct a controlled operation may not be granted unless the Secretary is satisfied on reasonable grounds—

                         (a)  that a relevant offence has been, is being or is likely to be, committed; and

                         (b)  that the nature and extent of the suspected criminal activity are such as to justify the conduct of a controlled operation; and

                         (c)  that any unlawful conduct involved in conducting the operation will be limited to the maximum extent consistent with conducting an effective controlled operation; and

                         (d)  that the operation will be conducted in a way that will minimise the risk of more illicit goods being under the control of persons (other than law enforcement officers) at the end of the operation than are reasonably necessary to enable the officers to achieve the purpose of the controlled operation; and

                         (e)  that the proposed controlled conduct will be capable of being accounted for in a way that will enable the reporting requirements of Division 6 to be complied with; and

                          (f)  that the operation will not be conducted in such a way that a person is likely to be induced to commit an offence that the person would not otherwise have intended to commit; and

                         (g)  that any conduct involved in the operation will not—

                                   (i)  seriously endanger the health or safety of any person; or

                                  (ii)  cause the death of, or serious injury to, any person; or

                                 (iii)  result in unlawful loss of or serious damage to property (other than illicit goods).

     74B   Form of authority

                (1)  An authority to conduct a controlled operation must—

                         (a)  be in writing under the seal of the Secretary; and

                         (b)  identify the principal law enforcement officer for the operation; and

                         (c)  identify each law enforcement officer who may engage in controlled conduct for the purposes of the operation; and

                         (d)  identify the nature of the controlled conduct that the participants may engage in; and

                         (e)  identify the nature of the criminal activity (including the suspected offences) in respect of which the controlled conduct is to be engaged in; and

                          (f)  identify (to the extent known) any suspect; and

                         (g)  specify the period of validity of the authority (which must be a period not exceeding 3 months); and

                         (h)  specify any conditions to which the conduct of the operation is subject; and

                          (i)  state the date and time when the authority is granted; and

                          (j)  identify (to the extent known)—

                                   (i)  the nature and quantity of any illicit goods that will be involved in the operation; and

                                  (ii)  the route through which those goods will pass in the course of the operation.

                (2)  A person is sufficiently identified for the purposes of subsection (1)(b) or (c) if the person is identified—

                         (a)  by an assumed name under which the person is operating; or

                         (b)  by a code name or code number—

so long as the assumed name, code name or code number can be matched to the person's identity by the Department.

Division 3—Variation and cancellation of authorities

     74C   When can an authority be varied?

                (1)  The Secretary may vary an authority—

                         (a)  at any time on the Secretary's own initiative; or

                         (b)  on application under section 74D.

                (2)  An authority cannot be varied unless the Secretary is satisfied on reasonable grounds that the variation will not authorise a significant alteration of the nature of the authorised operation concerned.

    74D   Application for variation of authority

                (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 for a variation of authority for any one or more of the following purposes—

                         (a)  to extend the period of validity of the authority;

                         (b)  to authorise additional or alternative persons to engage in controlled conduct for the purposes of the operation;

                         (c)  to authorise participants in the operation to engage in additional or alternative controlled conduct;

                         (d)  to identify additional suspects (to the extent known).

                (2)  More than one application for a variation may be made in respect of the same authority, but no single variation may extend the period of validity of an authority for more than 3 months at a time.

                (3)  An application for a variation of authority must be in writing signed by the applicant.

                (4)  The Secretary may require the applicant to furnish such information concerning the proposed variation as is necessary for the Secretary's proper consideration of the application.

     74E   Determination of application to vary authority

                (1)  After considering an application for a variation of authority, and any additional information furnished under section 74D(4), the Secretary—

                         (a)  may vary the authority in accordance with the application; or

                         (b)  may refuse the application.

                (2)  Section 74A applies to an application for a variation of authority under this section in the same way as it applies to an application for authority under section 73.

     74F   Form of variation of authority

A variation of authority must—

                         (a)  be in writing under the seal of the Secretary; and

                         (b)  identify the authorised operation for which the authority is in force; and

                         (c)  state the date and time when the authority was varied; and

                         (d)  if the authority was varied on an application under section 74D, state the name of the applicant; and

                         (e)  describe the variation having regard, if an application for variation was made, to the purposes referred to in section 74D(1) in respect of which the application was made.

    74G   Cancellation of authorities

                (1)  The Secretary may, by order in writing given to the principal law enforcement officer for an authorised operation, cancel the authority at any time and for any reason.

                (2)  Without limiting subsection (1), the Secretary may cancel an authority for an authorised operation at any time at the request of the principal law enforcement officer for the operation.

                (3)  Cancellation of an authority for a controlled operation takes effect at the time the order is made or at the later time specified in the order.

Division 4—Effect of authorities

    74H   Effect of authorities

Conduct engaged in by a participant in an authorised operation which, but for this section would constitute a relevant offence, does not have that consequence if the conduct is engaged in in accordance with the authority for the operation.

      74I   Defect in authority

An application for authority or variation of authority, and any authority or variation of authority granted on the basis of such an application, is not invalidated by any defect, other than a defect that affects the application, authority or variation in a material particular.

     74J   Effect of being unaware of variation or cancellation of authority

                (1)  If an authority for a controlled operation is varied in a way that limits its scope, this Part continues to apply to a participant in the operation as if the authority had not been varied in that way, for so long as the participant—

                         (a)  is unaware of the variation; and

                         (b)  is not reckless about the existence of the variation.

                (2)  If an authority for a controlled operation is cancelled, this Part continues to apply to a participant in the operation as if the authority had not been cancelled in that way, for so long as the participant—

                         (a)  is unaware of the cancellation; and

                         (b)  is not reckless about the existence of the cancellation.

                (3)  For the purposes of this section, a person is reckless about the existence of the variation or cancellation of an authority if—

                         (a)  the person is aware of a substantial risk that the variation or cancellation has happened; and

                         (b)  having regard to the circumstances known to the person, it is unjustifiable to take the risk.

    74K   Protection from criminal responsibility for certain ancillary conduct

                (1)  This section applies to conduct such as aiding and abetting the commission of a relevant offence or of conspiring to commit a relevant offence (ancillary conduct) for which a person may be criminally responsible because it involves conduct engaged in by another person that is controlled conduct for which the other person would (but for section 74H) be criminally responsible (the related controlled conduct).

                (2)  Despite any other Act or law, a person who engages in ancillary conduct that is an offence (whether or not the person is a participant in a controlled operation) is not criminally responsible for the offence if at the time the person engaged in the ancillary conduct he or she believed the related controlled conduct was being engaged in, or would be engaged in, by a participant in an authorised operation.

Division 5—Notification of third parties

     74L   Notification requirements

                (1)  If any loss of or serious damage to property occurs in the course of or as a direct result of an authorised operation (other than property of the Department or a participant in the operation), the principal law enforcement officer for the operation must report the loss or damage to the Secretary as soon as practicable.

                (2)  The Secretary must take all reasonable steps to notify the owner of the property of the loss or damage.

                (3)  The Secretary is not required to notify the owner of property under this section until the Secretary is satisfied that notification would not—

                         (a)  compromise or hinder the authorised operation; or

                         (b)  compromise the identity of a participant in the authorised operation; or

                         (c)  endanger the life or safety of any person; or

                         (d)  prejudice any legal proceeding; or

                         (e)  otherwise be contrary to the public interest.

                (4)  If any personal injury occurs in the course of or as a direct result of an authorised operation, the principal law enforcement officer for the operation must report the injury to the Secretary as soon as practicable.

Division 6—Compliance and monitoring

   74M   Unauthorised disclosure of information

                (1)  A person is guilty of an offence if—

                         (a)  the person intentionally, knowingly or recklessly discloses any information; and

                         (b)  the person knows that, or is reckless as to whether, the information relates to an authorised operation; and

                         (c)  the person knows that, or is reckless as to whether, the disclosure is not made—

                                   (i)  in connection with the administration or execution of this Act; or

                                  (ii)  for the purposes of any legal proceeding arising out of or otherwise related to this Act or of any report of any such proceedings; or

                                 (iii)  in accordance with any requirement imposed by law; or

                                 (iv)  in accordance with Part IVA of the Police Regulation Act 1958 or Part 5 or 6 of the Information Privacy Act 2000.

Penalty:           Imprisonment for 2 years.

                (2)  A person is guilty of an offence against this subsection if the person commits an offence against subsection (1) in circumstances in which the person—

                         (a)  intends to endanger the health or safety of any person or prejudice the effective conduct of an authorised operation or a corresponding authorised operation; or

                         (b)  knows that, or is reckless as to whether, the disclosure of the information—

                                   (i)  endangers or will endanger the health or safety of any person; or

                                  (ii)  prejudices or will prejudice the effective conduct of an authorised operation or a corresponding authorised operation.

Penalty:           Imprisonment for 10 years.

                (3)  An offence against subsection (2) is an indictable offence.

    74N   Principal law enforcement officers' reports

                (1)  Within 2 months after the completion of an authorised operation, the principal law enforcement officer for the operation must make a report in accordance with this section to the Secretary.

                (2)  The report must include the following details—

                         (a)  the date and time when the authorised operation began and its duration; and

                         (b)  the nature of the controlled conduct engaged in for the purposes of the operation; and

                         (c)  details of the outcome of the operation; and

                         (d)  if the operation involved illicit goods, a statement (to the extent known) of—

                                   (i)  the nature and quantity of the illicit goods; and

                                  (ii)  the route through which the illicit goods passed in the course of the operation; and

                         (e)  details of any loss of or serious damage to property, or any personal injuries, occurring in the course of or as a direct result of the operation.

    74O   Secretary's reports

                (1)  As soon as practicable, after 30 June and 31 December but no more than 2 months after each date in each year, the Secretary must submit a report to the Special Investigations Monitor setting out the details required by subsection (2) in relation to authorised operations conducted during the previous 6 months.

                (2)  The report must include the following details—

                         (a)  the number of authorities that have been granted or varied by the Secretary, and the number of applications for the granting or variation of authorities that have been refused by the Secretary, during the period to which the report relates; and

                         (b)  the nature of the criminal activities against which the authorised operations were directed; and

                         (c)  the nature of the controlled conduct engaged in for the purposes of the authorised operations; and

                         (d)  if any of the authorised operations involved illicit goods, a statement (to the extent known) of—

                                   (i)  the nature and quantity of the illicit goods; and

                                  (ii)  the route through which the illicit goods passed in the course of the operations; and

                         (e)  details of any loss of or serious damage to property, or any personal injuries, occurring in the course of or as a direct result of the authorised operations; and

                          (f)  the number of authorities cancelled by the Secretary or that have expired during the period to which the report relates.

                (3)  The Special Investigations Monitor may require the Secretary to furnish additional information covering any authorised operation to which a report relates.

                (4)  Nothing in subsection (2)(c) or (d) requires particulars of an authorised operation to be included in a report for a period of 6 months if the operation had not been completed during that period, but the particulars must instead be included in the report for the period of 6 months in which the operation is completed.

     74P   Annual report by Special Investigations Monitor

                (1)  The Special Investigations Monitor must, as soon as practicable after receipt of the report of the Secretary of 30 June in each year, prepare a report of the work and activities of law enforcement officers under this Part for the preceding 12 months and give a copy of the report to the Minister and the Secretary.

                (2)  The report—

                         (a)  must include comments on the comprehensiveness and adequacy of the reports which were provided to the Special Investigations Monitor by the Secretary under section 74O; and

                         (b)  must not disclose any information that identifies any suspect or a participant in an operation or that is likely to lead to such a person or participant being identified.

                (3)  The Secretary must advise the Special Investigations Monitor of any information in the report that, in the Secretary's opinion, should be excluded from the report before the report is laid before Parliament because the information, if made public, could reasonably be expected to—

                         (a)  endanger a person's safety; or

                         (b)  prejudice an investigation or prosecution; or

                         (c)  compromise any law enforcement agency's operational activities or methodologies.

                (4)  The Special Investigations Monitor must exclude information from the report if satisfied on the advice of the Secretary of any of the grounds set out in subsection (3).

                (5)  The Special Investigations Monitor must transmit the report to each House of Parliament as soon as practicable after the earlier of—

                         (a)  the day on which the Special Investigations Monitor received the Secretary's advice under subsection (3);

                         (b)  14 days after the day the Special Investigations Monitor gave the report to the Secretary.

                (6)  Nothing in this section requires particulars of an authorised operation to be included in a report for a year if the operation had not been completed as at 30 June in that year, but the particulars must instead be included in the report for the year in which the operation is completed.

                (7)  A report under this section may be combined with a report of the Special Investigations Monitor under section 39 of the Crimes (Controlled Operations) Act 2004.

    74Q   Keeping documents connected with authorised operations

The Secretary must cause the following to be kept—

                         (a)  each application for authority; and

                         (b)  each authority; and

                         (c)  each application for variation of authority; and

                         (d)  each variation of authority; and

                         (e)  each order cancelling an authority; and

                          (f)  each report of a principal law enforcement officer under section 74L or 74N.

    74R   General register

                (1)  The Secretary must cause a general register to be kept.

                (2)  The general register is to specify—

                         (a)  for each application for authority or for variation of authority—

                                   (i)  the date of the application; and

                                  (ii)  whether the application was granted, refused or withdrawn; and

                                 (iii)  if the application was refused or withdrawn—the date and time of the refusal or withdrawal; and

                         (b)  for each authority—

                                   (i)  the date and time the authority was granted; and

                                  (ii)  each offence in respect of which controlled conduct under the authority was to be engaged in; and

                                 (iii)  the period of validity of the authority; and

                                 (iv)  if the authority was cancelled, the date and time of cancellation; and

                                  (v)  the date and time the authorised operation began and the date of completion of the operation; and

                                 (vi)  the date on which the principal law enforcement officer for the operation made a report on the operation under section 74N; and

                                (vii)  if the authorised operation involved illicit goods, to the extent known—

                                         (A)  the nature and quantity of the illicit goods; and

                                         (B)  the route through which the illicit goods passed in the course of the operation; and

                               (viii)  details of any loss of or serious damage to property, or any personal injuries, occurring in the course of or as a direct result of the operation; and

                         (c)  for each variation of authority, the date and time the variation was made.

     74S   Inspection of records by Special Investigations Monitor

                (1)  The Special Investigations Monitor must, from time to time and at least once every 12 months, inspect the records of the Department to determine the extent of compliance with this Part by the Secretary and law enforcement officers.

                (2)  For the purpose of an inspection under this section, the Special Investigations Monitor—

                         (a)  after notifying the Secretary, may enter at any reasonable time premises occupied by the Department; and

                         (b)  is entitled to have full and free access at all reasonable times to all records of the Department that are relevant to the inspection; and

                         (c)  may require a member of staff of the Department to give the Special Investigations Monitor any information that the Special Investigations Monitor 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 Secretary must ensure that members of staff of the Department give the Special Investigations Monitor any assistance the Special Investigations Monitor reasonably requires to enable the Special Investigations Monitor to perform functions under this section.

Division 7—General

     74T   No delegations

Despite any other Act or law to the contrary, the functions or powers of the Secretary under this Part may not be delegated to any other person.

     74U   Evidence of authorities

A document purporting to be an authority granted under section 74—

                         (a)  is admissible in any legal proceedings; and

                         (b)  in the absence of evidence to the contrary, is proof in any proceedings (not being criminal or disciplinary proceedings against a law enforcement officer) that the Secretary was satisfied of the facts he or she was required to be satisfied of to grant the authority.

     74V   Transitional provision

An authority may be given under this Part for a controlled operation in relation to criminal activity occurring before, on or after the commencement of this Part.

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Part X—Protection of Whales

Division 1—General

       75   Definitions

                (1)  In this Part unless inconsistent with the context or subject-matter—

interfere, in relation to a whale, includes harass, chase, herd, tag, mark or brand;

take, in relation to a whale, means take, catch or capture;

treat, in relation to a whale, means any operation of dividing or cutting up or of extracting any product from, the whale;

whale means any member of the sub-order Mysteceti or the sub-order Odontoceti of the order Cetacea.

                (2)  The provisions of this Part apply to and with respect to whales—

                         (a)  in waters that are within the limits of the State of Victoria;

                         (b)  in any part or parts of the territorial sea of Australia that is or are adjacent to the State of Victoria; and

                         (c)  in any marine or tidal waters that are on the landward side of any part of the territorial sea of Australia and are adjacent to the State of Victoria but are not within the limits of that State—

but if at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles the provisions of this Act shall continue to have effect as if the breadth of the territorial sea of Australia continues to be 3 nautical miles.

                (3)  Any reference in this Part to a whale or whales is a reference to a whale or whales in any form whether alive or dead and whether the flesh is raw or cooked or preserved or processed in any manner whatsoever, and includes the skin, skeletal material, organs or any other part of any whale.

       76   Killing, taking whales etc. an offence

                (1)  Any person who—

                         (a)  in waters to which this Part applies kills, injures, takes or interferes with a whale; or

                         (b)  treats any whale that has been killed or taken in contravention of this Part—

shall be guilty of an indictable offence.

Penalty:           1000 penalty units.

                (2)  Any person who has in his possession a whale or part of a whale, or a product derived from a whale, where the whale has been killed or taken in contravention of this Part shall be guilty of an indictable offence.

Penalty:           1000 penalty units.

              (2A)  Any person who has in his possession a live whale of any origin taken in circumstances or which came into his possession in any circumstances not provided for in subsection (2) shall be guilty of an indictable offence.

Penalty:           1000 penalty units.

                (3)  Any person who, in waters to which this Part applies, takes a live whale without a permit granted under section 78(1) and without contravening this Part shall release the whale unless it is killed in circumstances of a kind referred to in subsection (4).

Penalty:           100 penalty units.

                (4)  The provisions of subsections (1)(2) and (2A) shall not apply in relation to any action by a person if—

                         (a)  the action in question was done in accordance with a permit granted under section 78(1);

                       (aa)  the action in question was carried out by an authorised officer or under the direction of an authorised officer and was reasonably necessary for the welfare of the whale;

                         (b)  the action in question was reasonably necessary to avoid loss of human life, injury to any person or damage to any vessel or aircraft or to any structure affixed to or resting on the sea-bed;

                         (c)  in the case of killing, injuring, taking or interfering with a whale—the action in question was done while the person was engaged in licensed commercial fishing operations and was—

                                   (i)  unavoidable in the course of those operations; or

                                  (ii)  reasonably necessary to avoid damage to a vessel or equipment used in those operations; or

                                 (iii)  carried out in a humane manner and was reasonably necessary to relieve or prevent suffering by that or any other whale; or

                         (d)  in the case of treating a whale—the action in question was reasonably necessary to prevent a risk to human health.

                (5)  Any person who displays a live whale of any origin for any purpose or causes or permits a live whale of any origin to be displayed for any purpose shall be guilty of an indictable offence.

Penalty:           1000 penalty units.

       77   Action to be taken with respect to killing or taking of whale

                (1)  Unless otherwise expressly provided in this section, where a person, without contravening any of the provisions of this Part—

                         (a)  treats a whale that has been killed or taken in contravention of this Part;

                         (b)  in waters to which this Part applies, kills, injures or takes a whale; or

                         (c)  in waters to which this Part applies, treats a whale not killed or taken in contravention of this Part—

that person shall—

                         (d)  as soon as practicable after the killing, injuring, taking or treatment notify the Secretary of the killing, injuring, taking or treatment;

                         (e)  within the time and in the manner prescribed, supply the Secretary with the prescribed particulars of the killing, injuring, taking or treatment; and

                          (f)  in the case of the killing or treatment of a whale without a permit—as soon as practicable after the killing or treatment notify a scientific body of the killing or treatment and offer to enter into an arrangement with that body to make the whale or part or parts of the whale, as required by that body, available to that body for purposes of scientific research.

Penalty:           50 penalty units.

                (2)  Subsection (1) does not apply in relation to the treatment of a whale the killing, injuring or taking of which has been notified under subsection (1).

                (3)  In this section notify means notify by telephone, telegraph or radio.

     77A   Offence to approach whales

                (1)  A person must not approach any whale at a distance that is less than the prescribed minimum distance.

Penalty:           20 penalty units.

                (2)  Subsection (1) does not apply to—

                         (a)  a person who is acting in accordance with—

                                   (i)  a permit under section 78; or

                                  (ii)  a permit under Division 2; or

                                 (iii)  a written authorisation under section 28A; or

                         (b)  an authorised officer who is acting in the course of his or her duties as an authorised officer, if the action is reasonably necessary for the welfare of the whale or to investigate a failure to comply with the Act.

       78   Power to Secretary to grant permits

                (1)  Upon application made to the Secretary, and upon payment of the prescribed fee, the Secretary may grant to any person a permit in writing authorizing that person—

                         (c)  to do, for specified scientific purposes, a specified act or acts constituting interference with whales;

                         (d)  to have dead whales in the person's possession or treat or otherwise deal with dead whales in a specified manner and for specified scientific or educational purposes;

                         (e)  to have live whales in the person's possession in the course of rescuing stranded whales or rehabilitating injured whales;

                          (f)  to have live whales temporarily in the person's possession in the whale's natural habitat for specified scientific or educational purposes.

                (2)  A permit shall specify the class or classes of whales, and the number of whales, or the respective number of whales of each class, in relation to which it applies.

                (3)  A permit shall remain in force until the day (if any) specified in the permit for its expiry or, if no such day is specified, for a period of not more than twelve months.

              (3B)  The Secretary may renew a permit granted under subsection (1), upon application from the holder of the permit, unless the Secretary is satisfied that—

                         (a)  the holder has been found guilty of an offence against this Act or the regulations; or

                         (b)  the holder has failed to comply with this Act, the regulations or the conditions of the permit.

                (4)  The Secretary shall cause registers to be kept showing particulars of permits in force from time to time.

       79   Conditions of permit

                (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.

                (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—

                         (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.

                (4)  The conditions of a permit may make different provision in relation to different whales or classes of whales.

       80   Breach of condition an offence

Any person who contravenes or fails to comply with any condition of a permit granted under section 78(1) that is applicable to him shall be guilty of an offence against this section.

Penalty:           100 penalty units or 6 months imprisonment or both the fine and imprisonment.

       81   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 section 78(1), 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).

Penalty:           50 penalty units.

                (3)  An authorised officer may direct a person—

                         (a)  not to be within—

                                   (i)  a distance of less than 500 metres from any whale; or

                                  (ii)  the distance, that is specified by the authorised officer, from any whale—

whichever is the lesser; or

                         (b)  to move to—

                                   (i)  a distance that is 500 metres from any whale; or

                                  (ii)  the distance, that is specified by the authorised officer, from any whale—

whichever is the lesser.

                (4)  An authorised officer may direct the operator of a vessel to cause the vessel to be operated—

                         (a)  so as not to be within—

                                   (i)  a distance of less than 500 metres from any whale; or

                                  (ii)  the distance, that is specified by the authorised officer, from any whale—

whichever is the lesser; or

                         (b)  to move to—

                                   (i)  a distance that is 500 metres from any whale; or

                                  (ii)  the distance, that is specified by the authorised officer, from any whale—

whichever is the lesser.

                (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.

                (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.

Penalty:           20 penalty units.

                (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 26A of the Marine Act 1988, must consult with the harbour master who is engaged for those waters.

                (8)  Subsections (3) and (4) have effect despite anything to the contrary in any other section of this Part.

                (9)  In this section harbour master has the same meaning as in the Marine Act 1988.

     81A   Variation of permits

                (1)  Upon application made in writing and upon payment of any prescribed fee, the Secretary may vary any permit granted under section 78(1)(d) in any respect and as from the date of the variation the permit is deemed to have been granted as so varied.

                (2)  If the Secretary is of the opinion that a permit granted under section 78(1)(d) should be varied, the Secretary may vary the permit.

                (3)  The variation of a permit under subsection (2) has effect upon the Secretary giving notice of the variation to the holder of the permit.

     81B   Suspension of permits

                (1)  If the Secretary is satisfied that there are reasonable grounds to do so, the Secretary may suspend a permit granted under section 78(1) by notice in writing given to the holder of the permit.

                (2)  A suspension under this section has effect—

                         (a)  from the time specified in the notice under subsection (1), which must be after the day on which the notice is given; and

                         (b)  subject to section 81C, for the period (not exceeding 90 days) specified in the notice.

     81C   Making submissions on suspension

                (1)  Immediately upon suspending a permit, the Secretary must allow the holder of the permit granted under section 78(1) an opportunity to make written submissions.

                (2)  Submissions must be made within the period specified in the notice of suspension.

                (3)  On receiving any submissions under subsection (2), the Secretary must review the decision to suspend the permit, and in doing so must have regard to the submissions and may decide to continue, revoke or amend the suspension.

                (4)  The Secretary must notify the holder of the permit of the outcome of the review.

    81D   Power of Secretary to cancel permit

                (1)  The Secretary may cancel a permit granted under section 78(1) if the Secretary is satisfied, on reasonable grounds, that—

                         (a)  the holder of the permit has been found guilty of an offence against this Act; or

                         (b)  the holder of the permit has breached a condition of the permit; or

                         (c)  that the act or acts authorised by the permit may adversely affect a population of a particular taxon of whale; or

                         (d)  where 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 whales or to the living natural resources of the continental shelf of Australia.

                (2)  Before cancelling a permit granted under section 78(1)(d) the Secretary must—

                         (a)  notify the holder that he or she proposes to cancel the permit; and

                         (b)  allow the holder of the permit 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 a permit granted under section 78(1)(d), 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 his or her decision.

                (5)  A cancellation of a permit granted under section 78(1)(d) has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which the notice is given.

                (6)  Any wildlife held under a permit which has been granted under section 78(1)(d) and which has been cancelled under this section must be disposed of in accordance with the directions of the Secretary.

       82   Public notices in relation to permits

                (1)  A person making an application for—

                         (a)  the grant of a permit under section 78(1)(b), (c), (e) or (f); or

                         (b)  the variation or revocation of a condition of a permit granted under section 78(1) (other than a permit granted under section 78(1)(d)); or

                         (c)  the imposition of a further condition on a permit granted under section 78(1) (other than a permit granted under section 78(1)(d))—

must publish a notice in accordance with subsection (7)—

                         (d)  setting out particulars of the application; and

                         (e)  inviting interested persons to lodge written comments in respect of the application with the Secretary, not later than a specified day (not being earlier than 30 days after the publication of the notice) at a place approved by the Secretary for the purposes of this paragraph.

                (2)  The Secretary shall cause to be served on the applicant copies of any comments received under subsection (1) and afford the applicant a reasonable opportunity to submit to the Secretary a reply in writing.

                (3)  Before deciding whether or not to grant the application the Secretary shall give due consideration to any comments received under subsection (1) in respect of the application and any reply received under subsection (2).

                (4)  Where the Secretary proposes to cancel a permit granted under section 78(1)(b), (c), (e) or (f) or, otherwise than in pursuance of an application, to vary or revoke a condition of such a permit or impose a further condition of such a permit, the Secretary shall—

                         (a)  cause the publication, in accordance with subsection (7), of a notice—

                                   (i)  setting out particulars of the permit and the grounds for the proposal;

                                  (ii)  inviting interested persons to lodge with the Secretary, not later than a specified day (being not earlier than 30 days after the publication of the notice), at a specified place, written comments in respect of the proposal; and

                         (b)  cause a copy of the notice to be served on the holder of the permit and invite him to submit to the Secretary his comments in writing.

                (5)  The Secretary shall cause to be served on the holder of the permit copies of any comments received under subsection (4)(a) and afford him a reasonable opportunity to submit to the Secretary a reply in writing.

                (6)  Before deciding whether or not to take action with respect to the proposal referred to in subsection (4), the Secretary shall give due consideration to any comments received under that subsection and any reply received under subsection (5).

                (7)  Any notices required by this section to be published shall be published in a newspaper circulating generally in Victoria.

Division 2—Whale watching and swim tour permits

       83   Offence to conduct whale watching tour

A person must not conduct a whale watching tour unless the person does so in accordance with a whale watching tour permit.

Penalty:           100 penalty units or 6 months imprisonment or both the fine and imprisonment.

     83A   Power to grant whale watching tour permits

                (1)  The Secretary may grant a permit to a natural person authorising the person to conduct a whale watching tour from the aircraft or vessel specified in the permit.

                (2)  The Secretary may refuse to grant a whale watching tour permit if the Secretary is satisfied that—

                         (a)  the applicant has been found guilty of an offence against this Act or regulations under this Act; or

                         (b)  the applicant has failed to comply with this Act or regulations under this Act or the conditions of a permit under this Division; or

                         (c)  the applicant 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 whales 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 granted.

     83B   Constraints on the granting of whale watching tour permits

                (1)  Where the Secretary has made a limited permit area determination for an area specifying the number of whale watching tour permits that may be in force in respect of the area, the Secretary must not grant such a number of whale watching tour permits for the area that the maximum number of permits that may be in force in the area is exceeded.

                (2)  The Secretary must not grant a whale watching tour permit for a limited permit area for such permits unless the Secretary is satisfied that the applicant satisfies the criteria specified in the notice under section 83GC for that area.

     83C   Offence to conduct whale swim tour

A person must not conduct a whale swim tour unless that person does so in accordance with a whale swim tour permit and in the limited permit area specified in the permit.

Penalty:           100 penalty units or 6 months imprisonment or both the fine and imprisonment.

    83D   Power to grant whale swim tour permits

                (1)  The Secretary may grant a permit to a natural person authorising that person to conduct a whale swim tour—

                         (a)  from the vessel specified in the permit; and

                         (b)  in the limited permit area specified in the permit.

                (2)  The Secretary may refuse to grant a whale swim tour permit if the Secretary is satisfied that—

                         (a)  the applicant has been found guilty of an offence against this Act or regulations under this Act; or

                         (b)  the applicant has failed to comply with this Act or regulations under this Act or the conditions of a permit under this Division; or

                         (c)  the applicant 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 whales 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 granted.

     83E   Constraints on the granting of whale swim tour permits

                (1)  Where the Secretary has made a limited permit area determination for an area specifying the number of whale swim tour permits that may be in force in respect of the area, the Secretary must not grant such a number of whale swim tour permits for the area that the maximum number of permits that may be in force in the area is exceeded.

                (2)  The Secretary must not grant a whale swim tour permit for a limited permit area for such permits unless the Secretary is satisfied that the applicant satisfies the criteria specified in the notice under section 83GC for that area.

     83F   Determination of limited permit areas

                (1)  The Secretary may determine an area to be an area in respect of which there must not be in force at any time more than the specified maximum number of—

                         (a)  the specified class of whale watching tour permits; or

                         (b)  whale swim tour permits.

                (2)  The Secretary must specify in the determination under subsection (1) the maximum number of the permits that may be in force under that determination.

                (3)  In making a specification under subsection (2) the Secretary must not specify a number of permits that is greater than the number the Secretary reasonably believes is ecologically sustainable for the area and in determining that number must have regard to the best available information as to the effect that the conduct of activities has or is likely to have on individual whales or groups of whales in the area.

                (4)  In making a determination and specification under this section the Secretary must have regard to any submissions made under section 83GA.

                (5)  A determination under subsection (1)—

                         (a)  may describe an area by reference to a map, plan or other document; and

                         (b)  must be published in the Government Gazette.

    83G   Notice of proposal to make limited permit area determination

                (1)  Before making a limited permit area determination, the Secretary must give notice that the Secretary proposes to make the determination.

                (2)  A notice under subsection (1) must—

                         (a)  set out the proposed determination; and

                         (b)  be published—

                                   (i)  in the Government Gazette; and

                                  (ii)  in a newspaper circulating generally throughout the State—

at least 4 weeks before the making of the determination; and

                         (c)  set out the time within which written submissions on the proposed determination must be made to the Secretary, which must be not less than 4 weeks before the making of the determination.

  83GA   Submissions on proposal to make limited permit area determination

                (1)  Any person who is likely to be affected by the making of a limited permit area determination may make written submissions to the Secretary on the proposal to make the determination.

                (2)  Submissions made under subsection (1) must be made within the time fixed for making submissions under section 83G.

                (3)  In addition to any submission made under subsection (1), the Secretary may have regard to (but is not required to have regard to) a submission made by any other person on the proposal to make the determination that is made within the time fixed for the making of submissions under section 83G.

  83GB   Amendment or revocation of limited permit area determination

                (1)  The Secretary may amend or revoke a limited permit area determination in the same manner as that in which it is made.

                (2)  If the Secretary amends or revokes a limited permit area determination, any permit under this Division in force in the area to which the amendment or revocation applies, being a permit that is in force immediately before that amendment or revocation, continues in force despite that amendment or revocation—

                         (a)  as such a permit under this Division until its expiry, unless sooner revoked; and

                         (b)  on the same terms and conditions as those applying to it immediately before the amendment or revocation.

  83GC   Permits in limited permit areas to be granted on determination of Secretary

                (1)  Where a limited permit area determination has been made for an area determining a maximum number of whale watching tour permits or whale swim tour permits that may be in force in the area, the Secretary may, on or after the making of the determination, determine—

                         (a)  that a number of such permits are available to be applied for for the area; and

                         (b)  that applications are to be invited for the permits.

                (2)  The Secretary must not determine such a number of permits under subsection (1)(a) as would cause the maximum number of such permits that may be in force in the area to be exceeded.

                (3)  The Secretary must give notice of a determination under subsection (1) inviting applications for the permits that are to be granted.

                (4)  A notice under subsection (3) must be published in the Government Gazette and in a newspaper circulating generally in the area to which the determination relates.

                (5)  A notice under subsection (3) may—

                         (a)  specify whether the fee to be paid for any permit to which the determination applies is to be determined by tender or is to be a prescribed fee; and

                         (b)  specify the number of permits that are available to be applied for; and

                         (c)  specify the maximum number of the permits that the Secretary has determined may be in force for the area, as specified in the limited permit area determination under section 83F(2); and

                         (d)  specify the maximum number of trips that may be conducted each day under each permit and any other relevant matters in relation to the carrying out of activities under each permit; and

                         (e)  specify the procedures to be followed and the information that must be given in making an application for a permit; and

                          (f)  specify the date by which applications for such permits must be lodged with the Secretary; and

                         (g)  specify the criteria which will be used to assess applications for permits; and

                         (h)  specify whether or not the holders of existing permits in the area may apply for permits specified in the notice.

83GD   Applications for permits

An application for a permit under this Division must—

                         (a)  be made to the Secretary; and

                         (b)  be in writing (accompanied by the information required by the Secretary); and

                         (c)  where the case so requires, be made in accordance with a determination and notice under section 83GC.

  83GE   Fees for permits

                (1)  The fee payable for a permit under this Division is the prescribed fee for the permit or the fee determined by tender for the permit in accordance with the notice under section 83GC (as the case requires).

                (2)  A permit under this Division does not come into force until the fee payable for the permit has been paid.

  83GF   Period of permit

A permit under this Division remains in force for the period determined by the Secretary and specified in the permit, which must not be more than 10 years.

83GG   Renewal of permit

                (1)  The Secretary may renew a permit under this Division that is not for a limited permit area, on application from the holder of the permit.

                (2)  The Secretary may refuse to renew a 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 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 whales 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.

    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.

      83I   Breach of condition an offence

The holder of a permit granted under this Division must comply with the conditions of the permit.

Penalty:           100 penalty units or 6 months imprisonment or both the fine and imprisonment.

     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).

Penalty:           50 penalty units.

    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.

                (2)  If the Secretary is of the opinion that a permit under this Division should be varied, the Secretary may, of his or her own motion, vary the permit, and a variation under this subsection has effect on the Secretary giving notice of the variation to the holder of the permit.

                (3)  The Secretary must not vary a permit under this section unless the Secretary is satisfied that the holder of the permit continues to satisfy the criteria specified in the limited permit area determination for the area in respect of which the permit is granted.

     83L   Suspension of permits under this Division

                (1)  If the Secretary is satisfied that there are reasonable grounds to do so, the Secretary may suspend a permit granted under this Division by notice in writing given to the holder of the permit.

                (2)  A suspension under this section has effect—

                         (a)  from the time specified in the notice under subsection (1), which must be after the day on which the notice is given; and

                         (b)  subject to section 83M, for the period (not exceeding 90 days) specified in the notice.

   83M   Making submissions on suspension

                (1)  Immediately upon suspending a permit granted under this Division, the Secretary must allow the holder of the permit an opportunity to make written submissions.

                (2)  Submissions must be made within the period specified in the notice of suspension.

                (3)  On receiving any submissions under subsection (2), the Secretary must review the decision to suspend the permit.

                (4)  In carrying out a review under subsection (3), the Secretary—

                         (a)  must have regard to the submissions; and

                         (b)  may decide to continue, revoke or amend the suspension.

                (5)  The Secretary must notify the holder of the permit of the outcome of the review.

    83N   Power of Secretary to cancel permit

                (1)  The Secretary may cancel a permit granted under this Division if the Secretary is satisfied, on reasonable grounds, that—

                         (a)  the holder of the permit has been found guilty of an offence against this Act; or

                         (b)  the holder of the permit has breached a condition of the permit; or

                         (c)  the act or acts authorised by the permit adversely affects a population of a particular taxon of whale; or

                         (d)  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 whales or to the living natural resources of the continental shelf of Australia.

                (2)  Before cancelling a permit, the Secretary must—

                         (a)  notify the holder that he or she proposes to cancel the permit; and

                         (b)  allow the holder of the permit 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 a permit, 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 his or her decision.

                (5)  The cancellation of a permit has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which the notice is given.

Division 3—Regulations and miscellaneous matters

       84   Performance by authorised officers of duties etc. under Commonwealth Act

Without any further or other authority than the provisions of this section any authorised officer within the meaning of this Act may be appointed to be an inspector for the purposes of the Commonwealth Act known as the Whale Protection Act 1980 and any officer so appointed—

                         (a)  shall perform any duties or functions required to be performed by him as such inspector; and

                         (b)  may exercise any powers and perform any functions that are conferred upon him or delegated to him—

by or under the provisions of the Whale Protection Act 1980 or of any other Commonwealth Act relating to whales.

       85   Summary jurisdiction in indictable offences

                (1)  The provisions of the Criminal Procedure Act 2009 enabling the hearing of charges for certain indictable offences in a summary way shall have effect with respect to offences against section 76(1), (2), (2A) or (5) subject to the following provisions, namely—

                         (b)  any consent required by those provisions to be given by the accused may, in the absence of the accused, be given by his or her Australian legal practitioner (within the meaning of the Legal Profession Act 2004);

                         (c)  the court may hear and determine the charge in a summary way if it considers of its own motion at any time during or immediately after the hearing of the evidence for the prosecution and whether or not the accused is present in court or represented in court that it is fitting for the charge to be disposed of summarily;

                         (d)  the court may impose a fine of not more than 100 penalty units; and

                         (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.

     85A   Regulations

                (1)  The Governor in Council may make regulations for or with respect to—

                         (a)  regulating or prohibiting activity in the vicinity of a whale, being activity that may disturb or interfere with the whale—

                                   (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;

                         (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.

              (2A)  Regulations made under this Part may confer a discretionary authority or impose a duty on the Minister, the Secretary or an authorised officer.

                (3)  Regulations made under this section may be disallowed in whole or in part by resolution of either House of Parliament in accordance with the requirements of section 6(2) of the Subordinate Legislation Act 1962.

                (4)  Disallowance under subsection (3) is deemed to be disallowance by Parliament for the purposes of the Subordinate Legislation Act 1962.

__________________

Part XA—protection of seals

     85B   Offence to conduct seal tour

                (1)  A person must not conduct a seal tour unless the person does so in accordance with a seal tour permit.

Penalty:           100 penalty units.

                (2)  Subsection (1) does not apply to any prescribed person or prescribed class of person in the prescribed circumstances.

     85C   Power to grant seal tour permit

                (1)  The Secretary may grant a permit to a person authorising the person to conduct a seal tour.

                (2)  The Secretary may refuse to grant a seal tour permit if the Secretary is satisfied that—

                         (a)  the applicant has been found guilty of an offence against this Act or regulations under this Act; or

                         (b)  the applicant has failed to comply with this Act or regulations under this Act or the conditions of any permit under this Part; or

                         (c)  the applicant 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 granted.

    85D   Applications for seal tour permits

An application for a seal tour permit must—

                         (a)  be made to the Secretary, in the manner determined by the Secretary; and

                         (b)  be in writing (accompanied by the information required by the Secretary); and

                         (c)  be accompanied by the fee payable for the permit under section 85E.

     85E   Fee payable for seal tour permit

The fee payable for a seal tour permit is the prescribed fee.

     85F   Period of seal tour permit

A seal tour permit remains in force for the period determined by the Secretary and specified in the permit, which must not be more than 10 years.

    85G   Renewal of seal tour permit

                (1)  The Secretary may renew a seal tour permit, on application from the holder of the permit.

                (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.

    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.

      85I   Breach of condition an offence

The holder of a seal tour permit must comply with the conditions of the permit.

Penalty:           100 penalty units.

     85J   Variation of seal tour permits

                (1)  On application made in writing and on payment of any prescribed fee, the Secretary may vary any seal tour permit in any respect, and a variation under this subsection has effect on the Secretary making the variation.

                (2)  If the Secretary is of the opinion that a seal tour permit should be varied, the Secretary may, of the Secretary's own motion, vary the permit, and a variation under this subsection has effect on the Secretary giving notice of the variation to the holder of the permit.

    85K   Suspension of seal tour permits

                (1)  If the Secretary is satisfied that there are reasonable grounds to do so, the Secretary may suspend a seal tour permit by notice in writing given to the holder of the permit.

                (2)  A suspension under this section has effect—

                         (a)  from the time specified in the notice under subsection (1), which must be after the day on which the notice is given; and

                         (b)  subject to section 85L, for the period (not exceeding 90 days) specified in the notice.

     85L   Making submissions on suspension

                (1)  Immediately on suspending a seal tour permit, the Secretary must allow the holder of the permit an opportunity to make written submissions.

                (2)  Submissions must be made within the period specified in the notice of suspension.

                (3)  On receiving any submissions under subsection (2), the Secretary must review the decision to suspend the permit.

                (4)  In carrying out a review under subsection (3), the Secretary—

                         (a)  must have regard to the submissions made under subsection (2) within the period specified in the notice; and

                         (b)  may decide to continue, revoke or amend the suspension.

                (5)  The Secretary must notify the holder of the permit of the outcome of the review.

   85M   Power of Secretary to cancel seal tour permit

                (1)  The Secretary may cancel a seal tour permit if the Secretary is satisfied, on reasonable grounds, that—

                         (a)  the holder of the permit has been found guilty of an offence against this Act or regulations made under this Act; or

                         (b)  the holder of the permit has breached a condition of the permit; or

                         (c)  the act or acts authorised by the permit adversely affect a population of a particular taxon of seal; or

                         (d)  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.

                (2)  Before cancelling a permit, the Secretary must—

                         (a)  notify the holder of the permit that the Secretary proposes to cancel the permit; and

                         (b)  allow the holder of the permit 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 a permit, 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 Secretary's decision.

                (5)  The cancellation of a permit has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which that notice is given.

_______________

Part XI—Miscellaneous

       86   Closure notices

                (1)  The Minister may by notice published in the Government Gazette—

                         (a)  prohibit absolutely or regulate or control the taking, destroying or hunting of any particular kind or taxon of wildlife in any area and any period specified in the notice; and

                         (b)  provide for exemptions for anything referred to in paragraph (a); and

                         (c)  fix penalties of not more than 25 penalty units for any contravention of any part of a notice.

                (2)  A notice under subsection (1)—

                         (a)  may be general in application or may be restricted in operation as to wildlife (whether by reference to kind or taxon or to sex) time, place, persons, equipment, hunting, guns or circumstances whether any such wildlife time, place, persons, equipment, hunting, guns or circumstances is determined or ascertainable before, at or after the making of the notice; and

                         (b)  unless it otherwise expressly provides, if it refers to wildlife or any specified kind or taxon of wildlife applies to both sexes of wildlife or to both sexes of that kind or taxon of wildlife; and

                         (c)  takes effect from the date of the publication or from any later date specified in the notice; and

                         (d)  in the absence of a date specified in the notice continues to have effect until 90 days after the notice; and

                         (e)  may not provide that it continues to have effect for any period exceeding twelve months.

                (3)  A notice under subsection (1) prevails over any inconsistent—

                         (a)  regulation made under this Act; or

                         (b)  licence, permit or other authority to take destroy or hunt any particular kind or taxon of wildlife issued under this Act.

                (4)  At least 72 hours before publishing a notice under subsection (1), the Minister must publish a notice in a newspaper circulating generally in the area likely to be affected by the notice under subsection (1) stating that he or she intends to publish that notice.

                (5)  Sections 5, 6, and 6A of the Subordinate Legislation Act 1962 apply to a notice under subsection (1) as if that notice were a statutory rule within the meaning of that Act.

                (6)  A reference in section 5(1) of the Subordinate Legislation Act 1962 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).

                (7)  A notice under subsection (1) may be disallowed in whole or in part by a resolution of either House of Parliament made in accordance with section 6(2) of the Subordinate Legislation Act 1962.

                (8)  Disallowance of a notice under subsection (5) is deemed to be disallowance by Parliament for the purposes of the Subordinate Legislation Act 1962.

     86A   Emergency closure notices

                (1)  If, after considering the advice of an advisory committee or in the case of an emergency the chairperson of the advisory committee, after considering the advice of the Secretary, or an authorised officer nominated by the Secretary, the Minister is satisfied that any threatened wildlife or that significant numbers of protected wildlife other than game is under immediate threat of destruction, injury or disturbance from hunting or the presence of hunters, the Minister may, by notice published in the Government Gazette—

                         (a)  prohibit absolutely or regulate or control the taking or destroying or hunting of any particular kind or taxon of wildlife in any area and for any period not exceeding seven days specified in the notice; and

                         (b)  provide for exemptions for anything referred to in paragraph (a); and

                         (c)  fix penalties of not more than 25 penalty units for any contravention of any part of a notice.

                (2)  A notice under subsection (1)—

                         (a)  may be general in application or may be restricted in operation as to wildlife (whether by reference to kind or taxon or to sex) time, place, persons, equipment, hunting, guns or circumstances whether any such wildlife, time, place, persons, equipment, hunting, guns or circumstances is determined or ascertainable before, at, or after the making of the notice; and

                         (b)  unless it otherwise expressly provides, if it refers to wildlife or any specified kind or species of wildlife applies to both sexes of wildlife or to both sexes of that kind or species of wildlife; and

                         (c)  takes effect from the date of the publication of the notice.

                (3)  A notice under subsection (1) prevails over any inconsistent—

                         (a)  regulation made under this Act; or

                         (b)  licence, permit or other authority to take destroy or hunt any particular kind or taxon of wildlife issued under this Act.

                (4)  At least 24 hours before publishing a notice under subsection (1) the Minister must publish a notice in a newspaper circulating generally in the area likely to be affected by the notice under the subsection (1) stating that, he or she intends to publish that notice.

                (5)  The Minister must establish an advisory committee consisting of six persons for the purposes of subsection (1), and that Committee must include—

                         (a)  a person nominated by each of the following—

                                   (i)  the Sporting Shooters Association of Australia (Victorian Branch);

                                  (ii)  the Victorian Field and Game Association Inc.;

                                 (iii)  the Australia Deer Association Inc.;

                                 (iv)  the Royal Australian Ornithologists Union; and

                         (b)  two persons nominated by the Minister.

                (6)  The Minister must appoint a person referred to in subsection (5)(a)(i), (ii) or (iii) to be chairperson of the committee.

     86B   Time for bringing proceedings

Despite section 7 of the Criminal Procedure Act 2009, a proceeding for an offence under section 22, 41, 43, 44, 45, 47, 50, 51, 54, 74E or 80 must be commenced not later than 2 years after the date on which the offence is alleged to have been committed.

     86C   Review of decisions

                (1)  An application may be made to the Victorian Civil and Administrative Tribunal for review of a decision of the Secretary—

                         (a)  to refuse to grant a licence, authorisation or permit under this Act; or

                         (b)  to refuse to renew a licence, authorisation or permit granted under this Act; or

                         (c)  to suspend or cancel a licence, authorisation or permit granted under this Act—

or of a failure of the Secretary to make such a decision within a reasonable time.

                (2)  An application under subsection (1) may be made by—

                         (a)  in the case of an application for a decision, the person who has made the application; or

                         (b)  in any other case, the holder of the licence, permit or authorisation which was the subject of the decision or failure to decide.

                (3)  An application under subsection (1) must be made within 28 days after the later of—

                         (a)  the day on which the decision is made;

                         (b)  if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

       87   Regulations

                (1)  The Governor in Council may make regulations for the management, control, conservation, and propagation of wildlife, for the preservation and maintenance of wildlife habitat, and providing for the effective management of hunting including preserving good order among hunters of wildlife and in particular, without in any way limiting or derogating from the generality of the foregoing provisions of this section, for or with respect to—

                         (a)  prescribing forms for the purposes of this Act;

                         (b)  prescribing the procedure to be followed in making any application for the purposes of this Act or in issuing any licence or other authority or in giving any permission under this Act or the regulations;

                       (ba)  exemptions from the requirement to hold a licence under section 22;

                         (c)  prescribing conditions, limitations, and restrictions to which licences, permissions, or other authorities under this Act or the regulations are to be subject;

                         (d)  regulating and controlling the taking of wildlife at large in the open season therefor, fixing and enforcing bag limits for any kind of wildlife and regulating the taking of protected wildlife on wildlife farms licensed under this Act;

                         (e)  prohibiting absolutely the taking or hunting, of any particular kind of wildlife at large and the possession keeping or control of any wildlife so taken;

                          (f)  prescribing open seasons and close seasons for any kind or taxon of wildlife and fixing other periods during which the hunting, killing, molesting, disturbing, possession, keeping, or control of wildlife of any kind or taxon is prohibited;

                         (g)  prohibiting or regulating the handling, keeping, possession, controlling, or releasing of wildlife, prescribing the conditions under which wildlife may be kept in captivity, and prescribing enclosure and cage sizes for the keeping of any kind of wildlife;

                       (ga)  prohibiting or regulating the feeding of wildlife;

                         (h)  regulating the manner of processing or preparing the flesh, skin, or feathers of wildlife for sale;

                          (i)  requiring the marking of the skin or other portions of wildlife by any person or class of persons;

                          (j)  prohibiting or regulating the buying, selling, exhibiting for sale, storage, consigning or marketing of any specified wildlife or the flesh, skin, or feathers thereof and prescribing the conditions to be observed by persons buying, selling, exhibiting for sale, storing, consigning, or marketing the same;

                         (k)  prohibiting or regulating the use of any method, substance, gun, net, or equipment whatsoever for the taking, hunting, or killing of wildlife;

                          (l)  requiring the keeping of books and records by the holders of licences, authorities, and permissions under this Act or the regulations, prescribing the method of keeping such books and records and the information to be kept therein and the inspection of such books and records by authorised officers;

                         (n)  requiring the holders of licences, authorities, and permissions under this Act to produce for inspection at the request of an authorised officer any books or records kept pursuant to the provisions of this Act or the regulations;

                         (o)  the inspection or examination of wildlife for discovering disease or disorder and preventing the spread of disease or disorder in wildlife;

                         (q)  the licensing of bowhunters, the conduct, management, and control of bowhunting, and the fees to be paid for bowhunters' licences;

                          (r)  the seizure and destruction of diseased wildlife;

                         (s)  the control, care, protection, preservation, or improvement of sanctuaries, reserves and wildlife management co-operative areas (not on private land) established under this Act including the preservation of good order and decency therein;

                        (sa)  regulating or prohibiting any activity or conduct by persons in or on sanctuaries, reserves and wildlife management co‑operative areas (not on private land) established under this Act, whether the activity is by persons in vessels or aircraft or in water or on land;

                          (t)  prohibiting or regulating the entry of persons in upon or adjacent to or the remaining of persons in, upon or adjacent to any sanctuary or reserve established under this Act or any recognized wildlife habitat, wildlife management co-operative area or specified hunting area established under this Act and not on private lands and prohibiting or regulating access thereto or travel therein by any specified means of transport;

                        (ta)  prescribing areas of public land for the purposes of section 48A;

                         (u)  prohibiting or regulating camping upon any sanctuary reserve or wildlife management co-operative area (not on private land) established under this Act, the lighting of fires thereon, or doing any act likely to create a fire hazard thereon;

                         (v)  prescribing conditions, limitations, and restrictions for hunting in or upon any reserve or wildlife management co-operative area (not on private land) established under this Act and prohibiting or controlling the removal or cutting of plants, trees, or vegetation on any such reserve or area;

                       (va)  prohibiting or regulating—

                                   (i)  the carrying, control, possession or use of any firearm, appliance or equipment; and

                                  (ii)  the control or use of dogs for hunting—

in any sanctuary, reserve or wildlife management co-operative area (not on private land) established under this Act or any other area specified in the regulations;

                        (w)  determining what circumstances give priority as between hunters to hunt and take wildlife in Victoria;

                         (x)  prohibiting or regulating the transfer or assignment of licences or other authorities under this Act or the regulations and prescribing fees in respect of any transfer or assignment;

                         (y)  requiring the furnishing of returns and information by the holders of licences under this Act or the regulations with respect to consigning, buying, selling, holding, or importing or exporting of wildlife;

                         (z)  prohibiting or regulating the keeping or confinement of any type or taxon of animals by persons generally or in any wildlife park, animal exhibition, or zoo;

                       (aa)  regulating the size and construction of buildings, fences, cages, enclosures, and other means for keeping animals in confinement in a wildlife park, animal exhibition, or zoo;

                       (ab)  prescribing the minimum quantities and standards of food and drink to be supplied to animals kept in confinement at any place in Victoria, the intervals at which such animals shall be so supplied with food and drink and prohibiting the supply of any specified food or drink to any particular animal or animals;

                       (ac)  requiring the proper treatment of sick or disabled animals;

                       (ad)  imposing any condition, limitation, or restriction on any licence, permit, or other authority under this Act and providing for the cancellation of any such licence, permit, or other authority for any contravention of or failure to comply with any such condition, limitation, or restrictions;

                     (ada)  regulating or prohibiting—

                                   (i)  any activity in the vicinity of seals that may disturb or interfere with seals;

                                  (ii)  any activity that involves observing, approaching or interacting with seals—

whether the activity is by persons in vessels or aircraft or in water or on land;

                     (adb)  fees to be charged for permits under Part XA and for variations of such permits;

                       (ae)  prohibiting or regulating the tethering or restraining of any animal being kept in confinement by the holders of licences and authorities under this Act;

                        (af)  the inspection by authorised officers of any wildlife park, animal exhibition, zoo, wildlife farm, or other place where wildlife is likely to be kept in confinement;

                       (ag)  prescribing the royalties to be paid in respect of the taking of wildlife and the sale of skins, flesh, or carcasses thereof and the payment of such royalties;

                       (ah)  fees to be charged under this Act for any purposes not expressly provided for and for services rendered by officers of the Department within the meaning of the Conservation, Forests and Lands Act 1987;

                      (aha)  fees to be charged for permits issued under Part X and for variations of permits issued under Part X;

                     (ahb)  ballots under section 22A(4A), including fees to enter a ballot;

                      (ahc)  prescribing persons or classes of persons who are exempted from the operation of sections 41, 43, 44, 45 and 47 and conditions to which any such exemption is subject;

                     (ahd)  the keeping of records about the taking, destroying, buying, selling, acquiring, receiving, disposing of, keeping, possessing, controlling, breeding, processing, displaying, taking samples from or experimenting on wildlife by persons who are exempt from the requirement to hold a licence or authorisation under this Act to do so;

                        (ai)  prescribing penalties not exceeding 50 penalty units for any contravention of or failure to comply with the regulations;

                        (aj)  generally for prescribing any matter or thing which is authorized or required by this Act to be prescribed for carrying this Act into effect.

                (2)  Any such regulation may be general in application or may be restricted in operation as to wildlife (whether by reference to kind or taxon or to sex), time, place, persons, equipment, hunting guns, or circumstances whether any such wildlife, time, place, persons, equipment, hunting guns, or circumstances is determined or ascertainable before at or after the making of the regulation.

              (2A)  In fixing fees in any such regulations, the Governor in Council may provide for all or any of the following matters—

                         (a)  maximum or minimum fees;

                         (b)  maximum and minimum fees;

                         (c)  the reduction, waiver or refund, in whole or in part, of the fees.

              (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.

                (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.

              (4A)  Regulations made under this section may be disallowed in whole or in part by resolution of either House of Parliament in accordance with the requirements of section 6(2) of the Subordinate Legislation Act 1962.

              (4B)  Disallowance under subsection (4A) is deemed to be disallowance by Parliament for the purposes of the Subordinate Legislation Act 1962.

                (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.

                (7)  Regulations made under this Act may confer a discretionary authority or impose a duty on the Minister, the Secretary, an authorised officer or a person employed under the Public Administration Act 2004 in the administration of this Act.

                (8)  Regulations made under this Act may—

                         (a)  be of general or limited application; and

                         (b)  differ according to differences in time, place or circumstance; and

                         (c)  may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person, whether—

                                   (i)  wholly or partially or as amended by the regulations; or

                                  (ii)  as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

                                 (iii)  as formulated, issued, prescribed or published from time to time.

_______________

Part XII—Transitional

       88   Permits and authorities

On and from the coming into operation of this section, a permit or authority which—

                         (a)  has been given or issued under section 4, 4A, 5, 6 or 7 of this Act as in force immediately before the commencement of section 6 of the Wildlife (Amendment) Act 1997; and

                         (b)  is in force immediately before the commencement of that section—

is deemed to—

                         (c)  be an authorisation issued under Part IIIA of this Act and, except as is otherwise provided for in this section, the provisions of Part IIIA apply accordingly; and

                         (d)  continue in force, unless sooner suspended or cancelled in accordance with the provisions of Part IIIA, until the date on which the permit or authority would have expired if the Wildlife (Amendment) Act 1997 had not been enacted.

       89   Conditions on licences etc.

On and from the commencement of this section—

                         (a)  a wildlife licence—

                                   (i)  given or issued under this Act as in force immediately before the commencement of section 8 of the Wildlife (Amendment) Act 1997; and

                                  (ii)  which is in force immediately before the commencement of that section—

is deemed to be subject to the condition set out in section 22(3)(c);

                         (b)  any authority to which section 88 applies is deemed to be subject to the condition set out in section 28A(4).

       90   Transitional provision, dolphin swim tour permits—Wildlife (Amendment) Act 2002

                (1)  On and from the commencement of section 9 of the Wildlife (Amendment) Act 2002, a dolphin swim tour permit in force immediately before that commencement is—

                         (a)  deemed to be a whale swim tour permit, and, except as otherwise provided for in this section, Part X applies accordingly; and

                         (b)  deemed to continue in force, unless sooner suspended or cancelled in accordance with Part X, until the date on which the permit would have expired if section 9 of the Wildlife (Amendment) Act 2002 had not been enacted.

                (2)  In this section dolphin swim tour permit means a permit—

                         (a)  that is issued under section 78(1)(g) as in force immediately before the commencement of section 9 of the Wildlife (Amendment) Act 2002; and

                         (b)  that authorised the conduct of activities involving persons being in the water for the purpose of observing or swimming with dolphins.

       91   Transitional provision, dolphin sightseeing permits—Wildlife (Amendment) Act 2002

                (1)  On and from the commencement of section 9 of the Wildlife (Amendment) Act 2002, a dolphin sightseeing permit in force immediately before that commencement is—

                         (a)  deemed to be a whale sightseeing permit, and, except as otherwise provided for in this section, Part X applies accordingly; and

                         (b)  deemed to continue in force, unless sooner suspended or cancelled in accordance with Part X, until the date on which the permit would have expired if section 9 of the Wildlife (Amendment) Act 2002 had not been enacted.

                (2)  In this section dolphin sightseeing permit means a permit issued under section 78(1)(g) as in force immediately before the commencement of section 9 of the Wildlife (Amendment) Act 2002 that—

                         (a)  authorised the conduct of activities involving persons being on vessels for the purpose of observing dolphins; and

                         (b)  did not authorise the conduct of activities involving persons being in the water for the purpose of observing or swimming with dolphins.

       92   Transitional provision—Control of Weapons and Firearms Acts (Search Powers) Act 2003

Section 60A(1) as in force immediately before the commencement of section 16 of the Control of Weapons and Firearms Acts (Search Powers) Act 2003 continues to apply to demands made under section 60A(1) before that commencement.

     92A   Transitional provision—Crimes Legislation Amendment Act 2010

The first report submitted by the Secretary under section 74O(1) after the commencement of section 15 of the Crimes Legislation Amendment Act 2010 must include the information required by section 74O(1) for any period in the 9 months immediately preceding that commencement, that has not previously been reported on.

       93   Transitional provisions—2008 Act

                (1)  In this Part—

2008 Act means the Wildlife Amendment (Marine Mammals) Act 2008;

limited permit area notice, in respect of an area, means a notice given by the Secretary under section 83G that the Secretary proposes to make a limited permit area determination in respect of the area;

new Part X means Part X of the Wildlife Act 1975 as amended by section 27 of the 2008 Act;

old Part X means Part X of the Wildlife Act 1975 as in force immediately before the commencement of section 27 of the 2008 Act.

                (2)  The amendments made to this Act by sections 6, 7, 8, 10, 11 and 12 of the 2008 Act apply only to offences alleged to have been committed on or after the commencement of those sections.

                (3)  For the purposes of subsection (2), if an offence is alleged to have been committed between two dates, one before and one after the commencement of sections 6, 7, 8, 10, 11 and 12 of the 2008 Act, the offence is alleged to have been committed before the commencement of those sections.

                (4)  On the commencement of section 27 of the 2008 Act, an area that, immediately before that commencement was proclaimed to be a whale swim tour area under the old Part X, is to be taken to be a limited permit area as if it has been determined to be so under section 83F.

                (5)  A permit issued under Division 2 of the old Part X, that is in force immediately before the commencement of section 27 of the 2008 Act, is to be taken to continue in force, despite that commencement, until its expiry, unless it is sooner cancelled—

                         (a)  on the same terms and conditions as those that applied to it immediately before that commencement and in respect of the same area as that for which it was granted before that commencement; and

                         (b)  as if it were a permit issued under the new Part X.

       94   Transitional provisions—2008 Act—whale watching tours by aircraft

                (1)  If—

                         (a)  a person was, immediately before the commencement of the new Part X conducting whale watching tours by aircraft in an area; and

                         (b)  on the commencement of the new Part X, there is in force in respect of the area a limited permit area notice for whale watching tours conducted by aircraft—

section 83 does not apply to the conducting of whale watching tours by aircraft in the area by that person from the commencement of the new Part X until the date by which applications for such permits must be lodged that is specified in the notice under section 83GC for the area.

                (2)  If a person, to whom subsection (1) applies, has made an application for a whale watching tour permit in respect of the area before the date specified in the notice under section 83GC, section 83 does not apply to the conducting of whale watching tours by aircraft in the area by that person from the date specified in the notice until the application is finally determined in accordance with this Act.

                (3)  If—

                         (a)  a person was, immediately before the commencement of the new Part X conducting whale watching tours by aircraft in an area to which subsection (1) does not apply; and

                         (b)  that person makes an application for a whale watching tour permit within two weeks of that commencement—

section 83 does not apply to the conducting of whale watching tours by aircraft in the area by that person from the commencement of the new Part X until the application is finally determined in accordance with this Act.

       95   Transitional provisions—2008 Act—seal tours

If—

                         (a)  a person was, immediately before the commencement of section 30 of the 2008 Act, conducting seal tours; and

                         (b)  that person makes an application for a seal tour permit within two weeks of that commencement—

section 85B does not apply to the conducting of seal tours by that person from the commencement of the new Part X until the application is finally determined in accordance with this Act.

═══════════════

ENDNOTES

1.     General Information

The Wildlife Act 1975 was assented to on 16 May 1975 and came into operation as follows:

Sections 1, 3–13, 16–19, 29–33, 36–40, 48–52, 57, 59–64, 66, 67, 75 and 76 on 13 August 1975: Government Gazette 13.8.75 p. 2925;

Sections 46, 47, 53, 55, 58, 65, 68–70 on 7 December 1976: Government Gazette 8.12.76 p. 3489;

Sections 2, 14, 15, 20–28, 34, 35, 41–45, 54, 56, 71–74 on 31 May 1980: Government Gazette 16.4.80 p. 1098.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Crown Land Reserves Act 1978, No. 9212/1978

Protection of Animals (Amendment) Act 1980, No. 9412/1980

Wildlife (Amendment) Act 1980, No. 9505/1980 (as amended by No. 9549 (as amended by No. 9902))

Statute Law Revision Act 1981, No. 9545/1981

Wildlife (Licences) Act 1981, No. 9578/1981

Wildlife (Fees) Act 1981, No. 9643/1981

Wildlife (Protection of Whales) Act 1981, No. 9694/1981 (as amended by Nos 9861, 10087)

Wildlife (Fees) Act 1982, No. 9851/1982

Public Account (Trust Funds) Act 1982, No. 9861/1982

Statute Law Revision Act 1983, No. 9902/1983

Prevention of Cruelty to Animals Act 1986, No. 46/1986

Conservation, Forests and Lands Act 1987, No. 41/1987

National Parks and Wildlife (Amendment) Act 1988, No. 7/1988 (as amended by No. 90/1989)

Flora and Fauna Guarantee Act 1988, No. 47/1988

Local Government (Consequential Provisions) Act 1989, No. 12/1989

Prescribed Weapons Act 1989, No. 39/1989 (as amended by No. 24/1990)

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Conservation, Forests and Lands Acts (Amendment) Act 1989, No. 90/1989

Wildlife (Amendment) Act 1990, No. 70/1990

Mineral Resources Development Act 1990, No. 92/1990

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Catchment and Land Protection Act 1994, No. 52/1994

Impounding of Livestock Act 1994, No. 89/1994

Fisheries Act 1995, No. 92/1995

Zoological Parks and Gardens Act 1995, No. 106/1995

Legal Practice Act 1996, No. 35/1996

Firearms Act 1996, No. 66/1996

Wildlife (Amendment) Act 1997, No. 87/1997

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Wildlife (Amendment) Act 2002, No. 3/2002

Control of Weapons and Firearms Acts (Search Powers) Act 2003, No. 9/2003

Crimes (Controlled Operations) Act 2004, No. 16/2004 (as amended by Nos 87/2005, 45/2008)

Public Administration Act 2004 , No. 108/2004

Statute Law Revision Act 2005, No. 10/2005

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Wildlife Amendment (Marine Mammals) Act 2008, No. 45/2008

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Parks and Crown Land Legislation Amendment (River Red Gums) Act 2009, No. 82/2009

Crimes Legislation Amendment Act 2010, No. 7/2010