Fauna Conservation Act and Another Act Amendment Act 1989 (Qld)

66 FAUNA C ON S ER V ATION A CT AND ANOTHER ACT AMENDMENT ACT No. 12 of 1989 ANALYSIS OF CONTENTS 1. Short Title 2. Commencement 3. Arrangement PART I-PRELIMINARY PART 1I - AMENDMENTS TO NATIONAL PARKS AND WILDLIFE ACT 4. Citation 5. Amendment of s. 3 . Interpretation 6. Amendment of s. 4. Construction of references in certain Acts 7. Amendment of s. 6. Appointment of Director , officers and honorary protectors 8. Amendment of s. 50. Wild Stock PART III-AMENDMENTS TO FAUNA CONSERVATION ACT 9. Citation 10. Amendment of s. 5. Interpretation 11. Amendment of s. 11. Powers of Governor in Council 12. Repeal of s. 12. Appointment of officers and honorary protectors 13. Saving of appointment of certain officers and honorary protectors 14. Amendment of s. 14. Powers of fauna officers 15. Amendment of s. 17. Offences with respect to officers and honorary protectors 16. Amendment of s. 20. Offences with respect to permanently protected fauna 17. Repeal of and new s. 21 Penalties 18. Amendment of s. 24. Exemption from liability in respect of injured or sick fauna 19. Amendment of s. 29. Power of Governor in Council 20. Amendment of s. 32. Penalties 21. Amendment of s. 35. Offences 22. Amendment of s. 36. Declaration 23. Amendment of s. 37. Offences 24. Amendment of s. 40. Offences 25. Amendment of s. 45. Power to carry out works for fauna conservation 26. Amendment of s. 48. Prohibition of use of poisons 27. Amendment of s. 50. Prohibition of use of other appliance or methods 28. Amendment of s. 53. Power to permit taking or keeping of fauna for particular purposes 29. Amendment of s. 54. Offences 30. Amendment of s. 56. Fauna dealers 31. Amendment of s. 58. Prohibition of dealings in permanently protected fauna 32. New ss. 58A-58c Dealing in tradeable fauna Institutions may be approved and issued with certificates What are approved institutions for s. 58A 33. Amendment of s. 60. Power to permit keeping and disposal of fauna during close season 34. Amendment of s. 61. Furnishing of information by dealers 35. Repeal of and new s. 62 Movement of fauna within the State

67 36. Repeal of and new s. 63 Movement of fauna from or into Queensland 37. New s. 63A Movement of declared species of protected fauna 38. Repeal of and new s. 64 Appeals from Director's decisions 39. Repeal of and new s. 65 Prohibition of liberation of non-indigenous vertebrate animals 40. Amendment of s. 66. Breeding of fauna for sale 41. Amendment of s. 70. Recovery of royalty 42. New s. 72A Liability for offences by agent or employee 43. Amendment of s. 77. Power of court to revoke or suspend licence or other authority 44. New s. 77A Application to lift disqualification 45. New s. 80A Offence of taking fauna where date of taking not known 46. Amendment of s. 88. Evidentiary provisions 47. Amendment of s. 89. Power to delegate 48. Amendment of s. 90. Protection of Crown, Minister and officers 49. Amendment of s. 93. Regulations 50. Substitution of word "Director" Table 51. Table of penalties Table

68 ALTO TRICESIMO OCTAVO ELIZABETHAE SEC UN DAE REGINAE No. 12 of 1989 An Act to amend the National Parksand Wildlife Act 1975- 1984 in certain particulars and the Fauna ConservationAct 1974- 1985 in certain particulars and for a related purpose [ASSENTED TO 30TH M ARCH, 1989]

Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 69 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short Title. This Act may be cited as the Fauna Conservation Act and Another Act Amendment Act 1989. 2. Commencement . (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act or such of those provisions as are specified in the Proclamation shall commence on a date to be appointed by Proclamation. 3. Arrangement . This Act is divided into Parts as follows:- PART I-PRELIMINARY (SS. 1-3); PART II-AMENDMENTS TO NATIONAL PARKS AND WILDLIFE ACT (ss. 4-8); PART III-AMENDMENTS TO FAUNA CONSERVATION ACT (ss. 9-48). PART II-AMENDMENTS TO NATIONAL PARKS AND WILDLIFE ACT 4. Citation . (1) In this Part the National Parks and Wildlife Act1975-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the National Parks and Wildlife Act 1975-1989. 5. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by- (a) in the definition "wildlife" after the word "life", omitting the expression "." and substituting the expression ";"; (b) inserting after the definition "wildlife" the following definition:- ""wildlife ranger" means a wildlife ranger appointed under this Act.". 6. Amendment of s. 4 . Construction of references in certain Acts. Section 4 of the Principal Act is amended by repealing paragraph (a). 7. Amendment of s. 6 . Appointment of Director , officers and honorary protectors . Section 6 of the Principal Act is amended by, in provision (aa) of subsection (3), omitting all words after the word "rangers" down to and including "Service" and substituting the words "appointed under this Act". 8. Amendment of s. 50 . Wild Stock. Section 50 of the Principal Act is amended by, in subparagraph (c) of subsection (6), omitting the word "forest" and substituting the word "field".

70 Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 PART III-AMENDMENTS TO FAUNA CONSERVATION ACT 9. Citation . (1) In this Part the Fauna Conservation Act 1974-1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Fauna Conservation Act 1974-1989. 10. Amendment of s. 5 . Interpretation . Section 5 of the Principal Act is amended by- (a) omitting the definition "Conservator"; (b) inserting after the definition "deal" the following definition:- "Director" means the Director of National Parks and Wildlife appointed pursuant to section 6 of the National Parks andWildlife Act 1975-1989;"; (c) omitting the definition "fauna" and substituting the following definition:- "fauna " means- (a) any bird or mammal that is indigenous to Australia or is declared by Order in Council to be fauna; (b) any animal or any member of a species of animal that is declared by Order in Council to be fauna, and in relation to any animal or member of a species referred to in paragraph ( b) includes- the young; an egg ( or part thereof); the carcass , skin or nest (or part of any of them) of the animal or member of the species but does not include any processed product made or derived from a carcass or skin that is fauna pursuant to paragraph ( a) or (b ) except a processed product declared by Order in Council to be fauna for the purposes of this Act;"; (d) in the definition " Fauna Authority " omitting the words "Under Secretary and the Conservator " and substituting the word " Director"; (e) omitting the definition " fauna officer " and substituting the following definition:- "fauna officer " means- (a) a field officer within the meaning of section 3 of the National Parks andWildlife Act 1975-1989; (b) a fauna officer appointed by or under section 12 (1) or (3A) of the Fauna ConservationAct 1974 -1985 and in office immediately prior to the commencement of the Fauna Conservation Act and Another Act Amendment Act 1989;".

Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 71 (f) omitting the definition "honorary protector" and substituting the following definition:- " "honorary protector" means- (a) an honorary protector within the meaning of section 3 of the National Parks and Wildlife Act 1975-1989; (b) an honorary protector of fauna appointed under the FaunaConservation Act 1974-1985 and in office immediately prior to the commencement of the Fauna Conservation Act and Another Act Amendment Act 1989;" ; (g) inserting after the definition of "honorary protector" the following definition:- "indigenous to Australia" means in relation to a species of animal that the species is breeding, has bred or is reputed to have bred in the wild in Australia and either- (a) is reputed to have bred in the wild in Australia prior to European settlement; or (b) is reputed to have spread to Australia subsequent to European settlement independently of any human involvement or agency whatever and to have bred in the wild in Australia; the term also includes any migratory species which visits Australia as part of its pattern of migration, and natural hybrids of indigenous species;"; (h) inserting after the definition "indigenous to Australia" the following definition:,- "indigenous to Queensland" means in relation to a species of animal that the species is breeding, has bred or is reputed to have bred in the wild in Queensland and either (a) is reputed to have bred in the wild in Queensland prior to European settlement; or (b) is reputed to have spread to Queensland subsequent to European settlement independently of any human involvement or agency whatever and to have bred in the wild in Queensland; the term also includes any migratory species which visits Queensland as part of its pattern of migration, and natural hybrids of indigenous species;; (i) omitting the definition "Minister" and substituting the following definition:- "Minister" means the Minister of the Crown for the time being administering this Act and includes a Minister of theCrown who is temporarily performing the duties of the Minister;";

72 Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 (j) omitting the definition "officer" and substituting the following definition:- " "officer" means the Director or a fauna officer: the term includes a person who for the time being occupies the office or performs the duties of an officer. in relation to a power conferred or a function or duty imposed by this Act, the term also includes a person authorized by the Director in that behalf-,"; (k) omitting the definition "sanctuary" where it now appears and inserting it after the definition "reserve"; (1) omitting the definition "Under Secretary"; (m) in the definition "utter" after the word "genuine", omitting the expression "." and substituting the expression ";"; (n) inserting after the definition "utter" the following definition:- 'vertebrate animal " includes any bird, mammal, reptile or other vertebrate animal but does not include marine animals;"; (o) inserting after the definition "vertebrate animal " the following definition- "wildlife ranger" means a wildlife ranger appointed under the National Parks and Wildlife Act 1975-1989.". 11. Amendment of s. 11. Powers of Governor i n Council . Section 11 of the Principal Act is amended by- (a) in subparagraph (c) after the word "birds" where it secondly occurs, omitting the expression "." and substituting the expression ";"; (b) after subparagraph (c), inserting the following subparagraphs:- '(d) declare any bird or mammal not indigenous to Australia to be fauna; (e) declare any processed product made or derived from a carcass or skin that is fauna to be fauna for the purposes of this Act. 12. Repeal of s. 12. Appointment of officers and honorary protectors. Section 12 of the Principal Act is repealed. 13. Saving of appointment of certain officers and honorary protectors. Notwithstanding the repeal of section 12 of the Principal Act, every fauna officer or honorary protector appointed pursuant to subsection (1), (3A) or (4) thereof, as the case may be, and in office immediately prior to the commencement of this Act, shall continue to hold office as a fauna officer or, as the case may be, honorary protector subject to and in accordance with section 12 of the Principal Act as if it had not been repealed.

Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 73 14. Amendment of s. 14. Powers of fauna officers . Section 14 of the Principal Act is amended by- (a) in subsection (1)- (i) in subparagraph (d), omitting the words ", and require a person so found to answer the questions put"; (ii) in subparagraph (f), inserting after the word "kind" where it first occurs the words "(including a document or record howsoever made)"; (iii) in subparagraph (g), inserting after the word "kind" the words "(including a document or record howsoever made)"; (iv) in subparagraph (h), inserting after the word "thing" where it first occurs the words "(including a document or record howsoever made)"; (v) inserting after subparagraph (h) the following subparagraph:- "(ha) may, if he suspects on reasonable grounds that information is stored by means of a mechanical, electrical or other device and that the information will afford evidence of the commission of an offence against this Act, obtain access to that information or require any person apparently in charge of that device to make available for his inspection a clear reproduction in writing of that information and may seize, detain and remove that reproduction;"; (vi) in subparagraph (1), omitting the words "employed by the Conservator" and substituting the words "who has been authorised in writing by the Director of National Parks and Wildlife to exercise the powers conferred by this subparagraph"; (b) in subsection (3)- (i) in provision (i) of subparagraph (b), inserting after the word "fauna" where it thirdly occurs the words "or a document or record howsoever made"; (ii) in provision (ii) of subparagraph (b), inserting after the word "committed" where it thirdly occurs the words or in respect of that document or record that it may afford evidence of the commission of an offence against this Act"; (c) inserting after subsection (4), the following subsections:- "(5) If the condition prescribed by this subsection is satisfied, the member of the police force for the time being in charge of the police establishment where a person arrested for an offence against this Act is taken after arrest or where the person is held in custody may take or cause to be taken such photographs and finger prints of the person as such member considers to be necessary for identification of the person, using therein such force as is necessary for the purpose. The power conferred by this subsection may be exercised only if the member of the police force so empowered reasonably

74 Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 suspects that the arrested person has not disclosed his true identity to the arresting officer and believes that the true identity cannot be conveniently ascertained by other means. (6) A court that convicts a person before it in person of an offence against this Act may order that person to be taken by a member of the police force for the purpose of photographs and finger prints of that person being taken with a view to the future identification of that person. An order made under this subsection is lawful authority- (a) for a member of the police force to take the person to whom the order relates to a place where the order may be carried out; and (b) for that member or another person to take such photographs and finger prints as that member or other person considers to be necessary for that future identification of such person, and for that member or other person to use, in effecting either of these purposes, such force as is necessary. (7) Where a person is found not guilty of an offence against this Act, any photographs or finger prints previously taken of him under the provisions of this Act in connexion with that offence shall, at the request of that person, be destroyed in his presence or in the presence of a person nominated by him, save where they are required as evidence in connexion with any other offence against this Act that the first-mentioned person is alleged to have committed.". 15. Amendment of s. 17. Offences with respect to officers and honorary protectors . Section 17 of the Principal Act is amended by omitting subparagraph (b) and substituting the following subparagraphs:- "(b) shall not fail to answer any question put to him for the purposes of this Act by an officer or honorary protector unless the question is such that an answer might tend to incriminate the person; (ba) shall not give a false or misleading answer to any question put to him for the purposes of this Act by an officer or honorary protector;". 16. Amendment of s. 20. Offences with respect to permanently protected fauna. Section 20 of the Principal Act is amended in subsection (2) by- (a) by inserting after the word "is" where it first occurs the word "orphaned,"; 72 (b) omitting the expression "24" and substituting the expression ` (c) omitting the word "Conservator" and substituting the word "Director".

Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 75 17. Repeal of and new s. 21. The Principal Act is amended by repealing section 21 and substituting the following section:- "21. Penalties . A person who is guilty of an offence against this Part is liable- (a) if the offence relates to the taking of permanently protected fauna, to a penalty of 200 penalty units or 2 years imprisonment or both; or (b) if the offence relates to the keeping of or having in possession permanently protected fauna, to a penalty of 100 penalty units or 12 months imprisonment or both, and in any case to an additional penalty not exceeding twice the royalty payable on each fauna in respect of which the offence is committed.". 18. Amendment of s. 24. Exemption from liability in respect of injured or sick fauna . Section 24 of the Principal Act is amended by- (a) in the note to the section, inserting after the word "of' the word "orphaned,"; (b) by inserting after the word "is" where it first occurs the word "orphaned,"; (c) omitting the expression "24" and substituting the expression "72"; (d) omitting the word "Conservator" and substituting the word "Director". 19. Amendment of s. 29 . Power of Governor in Council . Section 29 of the Principal Act is amended by, in subsection (2), inserting after the word "taking" the words ", moving or keeping". 20. Amendment of s. 32 . Penalties . Section 32 of the Principal Act is amended by- (a) omitting the words "not less than $50 nor more than $1 000" and substituting the words "20 penalty units"; (b) omitting the expression "$200" and substituting the words "four penalty units". 21. Amendment of s. 35. Offences. Section 35 of the Principal Act is amended by, in subsection (1), omitting the words "Minimum $100; maximum $1 000" and substituting the words "20 penalty units".

76 Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 22. Amendment of s. 36 . Declaration . Section 36 of the Principal Act is amended by- (a) in subsection (1)- (i) in subparagraph (d)- (A) omitting the words "Under Secretary" and substituting the word "Director"; (B) after the words "as trustee" omitting the expression ";" and substituting the expression "."; (ii) omitting subparagraph (e); (b) inserting after subsection (1) the following subsections:- "(2) Where the Governor in Council has by Order in Council pursuant to subsection (1) declared land to be a refuge, he may by the same or any further Order in Council- (a) specify such terms, conditions or restrictions as he thinks fit with respect to the use of that refuge for a purpose other than fauna conservation; and (b) where he has so specified pursuant to subparagraph (a) of this subsection, exclude the operation of any part of section 37, other than subparagraph (h) thereof in respect of that refuge, either generally or in respect of any person or class of persons designated therein. (3) The Minister shall cause notice of the declaration of the refuge to be published at least once in one newspaper at least that circulates in the locality of the land so declared and such notice shall include details of- (a) any specified terms conditions or restrictions; (b) any exclusion of the operation of section 37, pursuant to subsection 2 (a) and (b) respectively.". 23. Amendment of s. 37. Offences. Section 37 of the Principal Act is amended by- (a) in subparagraph (e), omitting the word "Conservator" and substituting the word "Director"; (b) in subparagraph (f), omitting the word "Conservator" and substituting the word "Director"; (c) in subparagraph (g), omitting the expression "," and substituting the expression ";"; (d) inserting after subparagraph (g), the following subparagraph:- "(h) fails to comply with any term, condition or restriction specified pursuant to subparagraph (a) of section 36 (2),"; (e) omitting the words "Minimum $200; maximum $3 000" and substituting the words "60 penalty units

Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 77 24. Amendment of s. 40 . Offences . Section 40 of the Principal Act is amended by- (a) in subparagraph (h), omitting the word "Conservator" and substituting the word "Director"; (b) omitting the words "Minimum $300; maximum $3 000" and substituting the words "60 penalty units". 25. Amendment of s. 45. Power to carry out works for fauna conservation . Section 45 of the Principal Act is amended by inserting after the word "refuge" where it first occurs the words "(with the prior consent of the owner or occupier thereof)". 26. Amendment of s. 48. Prohibition of use of poisons. Section 48 of the Principal Act is amended in subsection (1) by- (a) in subparagraph (a)- (i) omitting the expression "1967" and substituting the expression "1973"; (ii) omitting the expression "1973" where it now secondly occurs and substituting the expression "1987"; (b) omitting the words "Minimum $100; maximum $1 000" and substituting the words "20 penalty units". 27. Amendment of s. 50 . Prohibition of use of other appliances or methods. Section 50 of the Principal Act is amended by- (a) in subsection (1) (i) in subparagraph (a), inserting after the word "Council" the words "made under subparagraph (a) of subsection (3)"; (ii) in subparagraph (c), inserting after the word "under" the words "subparagraph (b) of (b) in subsection (2), inserting after the word "under" the words "subparagraph (b) of'. 28. Amendment of s. 53. Power to permit taking or keeping of fauna for particular purposes . Section 53 of the Principal Act is amended by (a) in subsection (1)- (i) omitting the word "Conservator" and substituting the word "Director"; (ii) at the end of subparagraph (e), omitting the expression "." and substituting the expression ";"; (iii) inserting after subparagraph (e) the following subparagraph:- "(f) classes of persons as prescribed.";

78 Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 (iv) in the paragraph commencing with the words "In the case of' inserting after the word "section" the words "save that the Director may grant an application for a permit for the keeping of a species of permanently protected fauna which has been declared to be a tradeable species of permanently protected fauna pursuant to section 58A (1)"; (b) in subsection (2), omitting the word "Conservator" where it twice occurs and substituting the word "Director" in each case; (c) in subsection (3)- (i) in paragraph (b), omitting the word "Conservator" and substituting the word "Director"; (ii) in paragraph (c), omitting the word "Conservator" and substituting the word "Director"; (d) in subparagraph (d) of subsection (4), omitting the word "Conservator" and substituting the word "Director"; (e) in paragraph (b) of subsection (5), omitting the word "Conservator" and substituting the word "Director". 29. Amendment of s. 54. Offences . Section 54 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting provision (v) of paragraph (b) and substituting the following provision:- "(v) keeps for his own private domestic enjoyment, not more than five in total of birds of prescribed species which birds have not been unlawfully taken, and who at the same time keeps no birds other than aviary birds;"; (ii) inserting after provision (v) of paragraph (b) the following provision:- "(vi) keeps dead non-protected fauna,"; (b) omitting subsection (2) and substituting the following subsection:- "(2) A person who commits an offence against this section is liable- (a) if the offence is one related to the taking of fauna, to a penalty of 100 penalty units or 12 months imprisonment or both; (b) if the offence is one related to the keeping of fauna, to a penalty of 40 penalty units, and in any case to an additional penalty not exceeding twice the royalty on each fauna in respect of which the offence is committed.".

Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 79 30. Amendment of s. 56. Fauna dealers. Section 56 of the Principal Act is amended by- (a) in subsection (1), omitting the words "Under Secretary or Conservator" and substituting the word "Director"; (b) in subsection (2)- (i) in provision (i) of paragraph (a), omitting the words "Under Secretary" and substituting the word "Director"; (ii) in paragraph (b), omitting the words "Under Secretary, Conservator" and substituting the word "Director"; (iii) in paragraph (c), omitting the words "Under Secretary, Conservator" and substituting the word "Director"; (c) in subsection (4), omitting the words "Under Secretary or Conservator" and substituting the word "Director"; (d) in subsection (5)- (i) in paragraph (a), omitting the words "Under Secretary or Conservator" and substituting the word "Director"; (ii) in paragraph (b), omitting the words "Under Secretary or Conservator" and substituting the word "Director"; (iii) in paragraph (c), omitting the words "Under Secretary or Conservator" and substituting the word "Director"; (e) in subsection (6), omitting the words "Under Secretary" and substituting the word "Director"; (f) in paragraph (a) of subsection (7), omitting the words "Under Secretary, Conservator" and substituting the word "Director". 31. Amendment of s. 58. Prohibition of dealings in permanently protected fauna. Section 58 of the Principal Act is amended by- (a) after the words "against this Act" adding the words ", unless in the case of dealing in permanently protected fauna, he does so under and in accordance with an approval given under section 58A"; (b) omitting the expression "$10,000" and substituting the words "200 penalty units"; (c) omitting the expression "$500" and substituting the words "10 penalty units". 32. New ss. 58A-58c. The Principal Act is amended by inserting after section 58 the following sections:- "58A. Dealing in tradeable fauna. (1) If the Governor in Council, upon consideration of a report in writing made by the Director to the Minister and upon the recommendation made by the Minister in relation to that report, is satisfied that the conservation of a species of permanently protected fauna in the

80 Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 wild will not be prejudicedby the making of an order under this subsection, the Governor in Council may, by Order in Council, declare that species to be a tradeable species of permanently protected fauna. (2) The Minister may approve of dealing between approved institutions in live animals bred in captivity of a species declared for the time being to be a tradeable species of permanently protected fauna. 58B. Institutions may be approved and issued with certificates. (1) Any person or organization that is engaged in activities related to live animals may make application, in or to the effect of the prescribed form, to the Director that the person or organization be declared an approved institution. The Director shall report in writing on each application to the Minister. (2) The Governor in Council may, `upon consideration of the Director's report on an application under subsection (1) and upon the recommendation made by the Minister in relation to that report, by Order in Council, declare the applicant to be an approved institution. (3) If the Director is satisfied that a person or organization so declared to be an approved institution is likely to comply or to continue to comply with the Director's requirements relating to the care of live animals of a tradeable species of permanently protected fauna, then upon payment of the prescribed fee therefor the Director shall issue to that approved institution his certificate that he is so satisfied. (4) A certificate issued under subsection (3) shall remain current for a period of one year commencing on the date of its issue, unless it is sooner cancelled by the Director, and upon expiry of that period and payment of the prescribed fee the Director may renew his certificate if he is satisfied in respect of the approved institution of the matters specified in subsection (3) (5) A fee prescribed for the issue or renewal of a certificate of the Director pursuant to this section shall not be prescribed to be less than the amount of royalty payable to the Crown for a live animal of the tradeable species of permanently protected fauna to which the certificate relates. (6) If at any time during the currency of a certificate issued under subsection (3) to an approved institution the Director is satisfied- (a) that the approved institution or any person acting on behalf of the approved institution has committed an offence against this Act; or (b) that the approved institution is no longer likely to comply or to continue to comply with the Director's

Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 81 requirements relating to the care of live animals of the tradeable species of permanently protected fauna to which the certificate relates, he may, by notice in writing given to the approved institution, cancel or suspend for a period the certificate. The Director shall not proceed to the cancellation or suspension of a certificate unless he has first given the approved institution concerned an opportunity to make submissions to him on the issue. During any suspension of a certificate it shall be deemed that the certificate is not current. 58c. What are approved institutions for s . 58A. For the purposes of section 58A a person or organization is an approved institution if- (a) being a person or organization residing or with premises in Queensland, he or it is for the time being declared to be an approved institution under section 58B (2) and holds a current certificate of the Director issued or renewed under section 58B that relates to the tradeable species of permanently protected fauna in which he or it proposes to deal; (b) being a person or organization residing or with premises in a State other than Queensland or in a Territory of the Commonwealth, he or it is for the time being authorized by the authority of that State or Territory charged with the protection of fauna to deal in live animals of the species of fauna in which he or it proposes to deal; (c) being an organization in a place outside Australia, it is, pursuant to the Wildlife Protection (Regulationof Exports and Imports) Act 1982 of the Commonwealth, an approved institution in relation to the species of fauna in which it proposes to deal.". 33. Amendment of s. 60 . Power to permit keeping and disposal of fauna during close season . Section 60 of the Principal Act is amended by- (a) in the note to the section, inserting after the word "permit" the words "buying,"; (b) in subsection (1)- (i) omitting the words "Under Secretary or Conservator" and substituting the word "Director"; (ii) inserting after the words "authorizing him to" the words "buy,"; (c) in subsection (2), omitting the words "Under Secretary or Conservator" and substituting the word "Director".

82 Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 34. Amendment of s. 61 . Furnishing of information by dealers. Section 61 of the Principal Act is amended by, in subsection (2), omitting the words "Minimum $200; maximum $1 000" and substituting the words "20 penalty units". 35. Repeal of and new s. 62. The Principal Act is amended by repealing section 62 and substituting the following section:- "62. Movement of fauna within the State . (1) In this section- "fauna" means fauna other than such dead non protected fauna as has been taken for meat or skins; "holding" means land held upon any tenure or tenancy pursuant to one instrument of title or agreement; "person" includes a fauna dealer or person receiving fauna from a fauna dealer. (2) Except as otherwise provided in this Act a person shall not move, attempt to move, permit to be moved or in any way be concerned in moving any fauna from one place to another place within the State whether those places are within the same locality or different localities except in accordance with a permit granted and issued by the Director under this section. Penalty: 200 penalty units or two years imprisonment or both. (3) Subsection (2) does not apply to a movement of fauna within the holding of one person or group of persons. (4) A person who seeks a permit under this section shall make application in the prescribed form to the Director. (5) Where an applicant seeks a permit under this section the Director shall grant the permit upon payment of the prescribed fee therefore if he is satisfied that- (a) each item of fauna to which the application relates was lawfully obtained and is lawfully kept at the time of making the application; (b) the proposed movement of the fauna to which the application relates will not pose a risk to the health or safety of any person or livestock or prejudice the conservation of native fauna in Queensland; (c) the proposed movement of the fauna to which the application relates will not adversely affect the population in the wild of the species of fauna to be moved; (d) the proposed movement of the fauna to which the application relates or the circumstances under which that fauna is proposed to be kept are not contrary to the law of the State; and (e) no person who is concerned in the movement of any fauna to which the application relates is subject to

Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 83 suspension of or disqualification from holding a licence, permit or other authority under this Act pursuant to section 76 or 77. (6) If a permit under this section is granted, the Director may attach to the permit and, if he does so, shall specify therein conditions such as to ensure that- (a) he is truly informed of the movement of the fauna to which the permit relates within the State and of the place of origin and destination of that fauna; and (b) the public interest in conservation of the native fauna in the State is adequately respected. (7) For the purpose of his determining an application for a permit under this section the Director shall have regard to all information furnished in or with the application and all information furnished in respect of the application subsequently to its making, whether furnished at his request or of the applicant's own motion. (8) For the purpose of- (a) facilitating the prompt rendering of veterinary treatment of sick, injured, diseased or orphaned fauna; (b) facilitating scientific or educational pursuits relating to the conservation of fauna; (c) facilitating the provision of care by a fauna dealer, at a place other than his registered premises, for live fauna which he is authorized to keep, when conditions temporarily prevailing at his registered premises may result in detriment to the health or well being of the fauna and the return of the fauna to the registered premises when those conditions no longer prevail; or (d) ensuring that the public interest in conservation of the native fauna in the State is adequately respected, the Governor in Council may by Order in Council- (e) specify an area or areas within which species of fauna specified therein may be moved without a permit under this section; (f) specify the circumstances under which species of fauna specified therein may be moved without a permit under this section; (g) exempt any person or class of persons specified therein from the operation of subsection (2) either generally or in relation to an area or areas, species of fauna,

84 Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 or circumstances specified pursuant to paragraph (e) or (f) or both paragraphs (e) and (f).". 36. Repeal of and new s. 63 . The Principal Act is amended by repealing section 63 and substituting the following section:- "63. Movement of fauna from or into Queensland . (1) In this section "person" includes a fauna dealer or person receiving fauna from a fauna dealer. (2) A person shall not- (a) remove or attempt to remove from a place in Queensland to a place outside Queensland fauna other than non-protected fauna; or (b) send or bring or attempt to send or bring into Queensland any fauna or bird, mammal or reptile of any kind that is not fauna, except in accordance with a permit granted and issued by the Director under this section. Penalty: 200 penalty units or two years imprisonment or both. (3) A person who seeks a permit under this section shall make application in the prescribed form to the Director. (4) Where an applicant seeks a permit for the purposes of trade, commerce or intercourse between the States of the Commonwealth the Director shall grant the permit upon payment of the prescribed fee therefore if he is satisfied that- (a) each item of fauna or bird, mammal or reptile of any kind that is not fauna to which the application relates- (i) was lawfully obtained; (ii) is lawfully kept: (iii) may, in the case of a proposed movement of any fauna or bird, mammal or reptile of any kind that is not fauna, from a State into Queensland, be lawfully moved from that State, at the time of making the application; (b) the proposed movement of the fauna or bird, mammal or reptile of any kind that is not fauna to which the application relates will not pose a risk to the health or safety of any person or livestock or prejudice the conservation of native fauna in Queensland; (c) each item of fauna or bird, mammal or reptile of any kind that is not fauna to which the application relates may lawfully be an object of trade in the State from which and in the State to which the proposed movement of the fauna or bird, mammal or reptile of any kind that is not fauna is to occur; (d) the proposed movement from Queensland of the fauna to which the application relates will not

Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 85 adversely affect the population in the wild of the species of fauna to be moved; (e) in the case of a proposed movement of any fauna or bird, mammal or reptile of any kind that is not fauna into Queensland, the bringing into or keeping in Queensland of species of the fauna or bird, mammal or reptile of any kind that is not fauna to which the application relates is not contrary to the law of the State, or the circumstances under which that fauna or bird, mammal or reptile of any kind that is not fauna is proposed to be kept in Queensland, are not contrary to the law of the State; and (f) no person in Queensland who is concerned in the movement of any fauna or bird, mammal or reptile of any kind that is not fauna to which the application relates is subject to suspension of or disqualification from holding a licence, permit or other authority under this Act pursuant to section 76 or 77. (5) If a permit under this section is granted, the Director may attach to the permit and, if he does so, shall specify therein conditions such as to ensure that- (a) he is truly informed of the movement of the fauna or bird, mammal or reptile of any kind that is not fauna to which the permit relates into, through or from the State and of the place of origin and destination of that fauna or bird, mammal or reptile of any kind that is not fauna; and (b) the public interest in conservation of the native fauna in the State is adequately respected. (6) For the purpose of his determining an application for a permit under this section the Director shall have regard to all information furnished in or with the application and all information furnished in respect of the application subsequently to its making, whether furnished at his request or of the applicant's own motion.". 37. New s. 63A. The Principal Act is amended by inserting after section 63 the following section:- "63A. Movement of declared species of protected fauna. (1) In this section "person" includes a fauna dealer or person receiving fauna from a fauna dealer. (2) Notwithstanding sections 62 and 63, if the Governor in Council is satisfied that the conservation of a species of protected fauna in the wild will not be prejudiced by the making of an Order under this section, the Governor in Council may by Order in Council declare that species to be a species of protected fauna which may be moved- (a) from one place to another place within the State;

86 Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 (b) from a place.in Queensland to a place outside Queensland; and (c) from a place outside Queensland to a place within Queensland, by a person or class of persons specified in the Order in Council in accordance with a movement authority issued by the Director pursuant to this section. (3) A person or a person within a class of persons specified in an Order in Council pursuant to subsection (2) may apply to the Director for a movement authority in respect of the movement of a species of protected fauna which the Governor in Council has declared may be moved pursuant to subsection (2). (4) The Director shall on receipt of an application pursuant to subsection (3) and upon payment of the prescribed fee therefore, issue a movement authority in the prescribed form to that person. (5) The Director may attach to the movement authority and, if he does so, shall specify therein conditions such as to ensure that- (a) he is truly informed of the movement of the protected fauna to which the movement authority relates within, into, through or from the State and of the place of origin and destination of that fauna; and (b) the public interest in conservation of the native fauna in the State is adequately respected. (6) A person who save in accordance with a movement authority issued pursuant to this section moves- (a) from one place to another place within the State; (b) from a place in Queensland to a place outside Queensland; or (c) from a place outside Queensland to a place within Queensland, protected fauna which the Governor in Council has declared may be moved pursuant to subsection (2) is guilty of an offence against this Act. Penalty: 200 penalty units or two years imprisonment or both.". 38. Repeal of and new s. 64. The Principal Act is amended by repealing section 64 and substituting the following section:- "64. Appeals from Director ' s decisions . (1) A person aggrieved by a decision of the Director upon an application for a permit under section 63 may appeal therefrom to a Judge of District Courts. Every such appeal shall be by way of rehearing upon the information furnished to the Director in relation to the application.

Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 87 (2) The power to make rules of court conferred by the DistrictCourts Act 1967-1985 includes power to make rules relating to the institution and conduct of appeals under this section. +(3) For the purposes of an appeal under this section a Judge of District Courts shall have and may exercise all the powers of and shall be subject to the same restrictions as the Director in determining an application for a permit under section 63. If, :upon an appeal, the Judge upsets or varies the decision of the Director (including a variation in any condition attached to a permit) the Judge's decision shall be deemed for the purposes of this Act to be that of the Director and shall be given effect.". 39. Repeal of and new s. 65. The Principal Act is amended by repealing section 65 and substituting the following section:- "65. Prohibition of liberation of non - indigenous vertebrate animals. (1) Subject to subsections (2) and (3), a person shall not liberate or permit to be liberated in Queensland any vertebrate animal wild by nature that is not indigenous to Queensland. Penalty: 60 penalty units; and in addition one penalty unit for each vertebrate animal in respect of which the offence is committed. (2) The Governor in Council may from time to time by Order in Council permit the liberation in Queensland of any vertebrate animal wild by nature specified therein that is not indigenous to Queensland, for any scientific purpose. (3) It is a defence to a prosecution for an offence against subsection (1) to prove that the animal which was liberated is of a species and subspecies that is already established as a breeding population in the wild in the immediate vicinity of the site where the animal was liberated. (4) The owner and the person in charge of an animal referred to in subsection (1) shall be deemed to have permitted that animal to be liberated where a substantial cause of its being at large is a failure on his part to exercise such due diligence as he ought to have exercised having regard to all the circumstances, to prevent its escape from captivity. (5) The Director or a fauna officer may by notice in writing require a person who has- (a) liberated; (b) permitted to be liberated; or (c) been deemed to have permitted the liberation of, an animal referred to in subsection (1), to take within the time specified in the notice, such steps as may be necessary to ensure that the animal ceases to be at large. (6) When a person referred to in subsection (5) cannot be located after reasonable enquiry or when a person against whom

88 Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 a requirement has been duly made thereunder fails to comply with it, the Director or a fauna officer may take such steps as he thinks ;fit to ensure that the animal in respect of which the requirement was made, ceases to be at large. The power to take steps includes the power to seize and with the Minister's prior consent the power to destroy. (7) Where the Director or a fauna officer takes steps pursuant to subsection (6) to ensure that an animal ceases to be at large, the owner and the person in charge of the animal at the time of its liberation or escape shall be jointly and severally liable to pay to the Crown the amount of any costs charges and expenses reasonably incurred in connexion with the steps taken and the Crown may recover the amount of any such costs charges and expenses which are not paid by action as for a debt due to the Crown in any court of competent jurisdiction.". 40. Amendment of s. 66. Breeding of fauna for sale. Section 66 of the Principal Act is amended by, in subsection (3), omitting the words "Minimum $100; maximum $1 000" and substituting the words "20 penalty units". 41. Amendment of s. 70. Recovery of royalty. Section 70 of the Principal Act is amended by, in subparagraph (a) of subsection (1)- (a) omitting the words "Under Secretary or Conservator" and substituting the word "Director"; (b) omitting the words "either of them" and substituting the word "him". 42. New s. 72A. The Principal Act is amended by inserting after section 72 the following section:- "72A. Liability for offences by agent or employee. (1) Where a person commits an offence against this Act as an agent or employee, then, without derogating from section 7 of The CriminalCode, the principal or employer of that person shall be deemed to have committed the offence and, notwithstanding section 23 of The Criminal Code or any other rule of law or practice, to be criminally responsible for the act or omission concerned therein and may be charged with the offence and punished accordingly. It shall be immaterial that the offence was committed without the authority or contrary to the instructions of the principal or employer. (2) A person shall not be liable to be convicted of an offence against this Act committed by him as an employee if the adjudicating court is satisfied that the offence was committed at a time and place when and where the business of his employer was being conducted under the personal superintendance of such employer or of a manager or other representative of such employer and was committed with the knowledge of such employer, manager or other representative.

Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 89 (3) Save as provided in subsection (2), this section applies so as not to prejudice any liability imposed under this Act upon any person by whom any offence against this Act is actually committed.". 43. Amendment of s. 77. Power of court to revoke or suspend licence or other authority . Section 77 of the Principal Act is amended by- (a) in subsection (1), omitting all words from and including the words "the Judge or justices", to and including the words "with that order." and substituting the words- "the Judge or justices may, in addition to any penalty that may be imposed, order- (d) that the licence, permit, certificate or other authority be revoked or be suspended for such period as the Judge or justices shall think fit and thereupon it shall be revoked or suspended in accordance with that order; (e) that the offender be disqualified from obtaining or holding a further licence, permit, certificate or other authority under this Act for a period not exceeding two years from the date of conviction for a first offence and for such period exceeding two years from the date of conviction as the Judge or justices shall think fit for a second or subsequent offence."; (b) in subsection (3), omitting the words "Under Secretary" and substituting the word "Director". 44. New s. 77A. The Principal Act is amended by inserting after section 77 the following section:- "77A. Application to lift disqualification . (1) A person against whom an order for disqualification has been made under section 77 for a period exceeding 12 months may at any time after the expiration of 12 months from the making of the order make application to a court of like jurisdiction as the court in which the order was made for an order that the disqualification be remitted. (2) The matter of an application under subsection (1) shall not be heard until the expiration of seven days after the applicant has caused a copy of the application to be served on the Director but, subject thereto, may be disposed of in accordance with any directions given by a judge or the justices of the court in which the application is made. Upon the hearing of the matter of such an application the applicant and the Director shall be entitled to be heard and to call evidence. (3) The judge or justices who hears or hear the matter of an application under subsection (1) may, having regard to the character of the person disqualified and his conduct subsequent to the order, the nature of the offence, and any other circumstances of the case, remit the disqualification in question for the term 4

90 Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 that the disqualification has yet to run, modify that term to such extent as he or they shall think fit, or reject the application. (4) If the Director opposes an application under subsection (1), the court may, upon disposing of the application, award costs.". 45. New s. 80A . The Principal Act is amended by inserting after section 80 the following section:- "80A. Offence of taking fauna where date of taking not known. (1) Where an offender has taken fauna over a period and the date or dates on which all the taking occurred cannot be established, the offender may be charged with one offence of taking over that period fauna to the number that can be established and may be convicted and punished accordingly. (2) A prosecution for an offence such as is referred to in subsection (1) may be instituted at any time within one year after the taking over the period in question comes to the knowledge of the complainant.". 46. Amendment of s. 88. Evidentiary provisions . Section 88 of the Principal Act is amended by, in subparagraph 0) of subsection (1), after the words "non-protected fauna" where they secondly occur, inserting the words "or that an animal is a vertebrate animal that is, or is not, indigenous to Queensland or indigenous to Australia, as the case may be, 47. Amendment of s. 89. Power to delegate . Section 89 of the Principal Act is amended by- (a) making the existing provision immediately following the note to the section subsection (1) by inserting after the note to the section the expression "(1)"; (b) in subsection (1), omitting the words ", Under Secretary or Conservator" and substituting the words "or Director"; (c) in subsection (3), omitting the words ", Under Secretary or Conservator" and substituting the words "or Director"; (d) in subsection (4), omitting the words ", Under Secretary or Conservator" and substituting the words "or Director"; (e) in subsection (5), omitting the words ", Under Secretary or Conservator" and substituting the words "or Director". 48. Amendment of s. 90 . Protection of Crown, Minister and officers. Section 90 of the Principal Act is amended by omitting the words "Under Secretary, Conservator" where they twice occur and substituting the word "Director" in each case. 49. Amendment of s. 93. Regulations . Section 93 of the Principal Act is amended in subsection (1) by- (a). in subparagraph (d), omitting the words "fauna not found ordinarily in a condition of natural liberty in the State" and substituting

Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 91 the words "any vertebrate animals wild by nature that are not indigenous to Queensland"; (b) in subparagraph (h)- (i) omitting the words "exotic fauna and"; (ii) inserting after the word "birds" the words "and any vertebrate animals wild by nature that are not indigenous to Queensland"; (c) in subparagraph (x), omitting the expression "$1,000" and substituting the words "20 penalty units". 50. Substitution of word "Director". Each section of the Principal Act specified in the first column of the following Table is amended in the manner specified in the second column of that Table:- Section amended TABLE Amendment Ss.10, 19 (3), 38 (1) (d), 46 (1), 46 Omit the words "Under Secretary" (2) (a), 46 (2) (c), 46 (4), 46 (5), and substitute the word 83 (1) (a), 88 ( 1) (f), 88 (1) (g). "Director". ss. 46 (2) (b), 46 (3). Omit the words "Under Secretary" where they twice occur and substitute the word "Director" in each case. s. 39. Omit the words "Under Secretary" where they occur in the note to the section and in the section and substitute the word "Director" in each case. ss. 16 (2), 19 (2), 25 (1), 30 (4), 42 Omit the word "Conservator" and (1), 42 (2), 42 (4), 43, 53A (1), substitute the word "Director". 75 (1), 75 (3) (a), 75 (3) (b). ss. 30 (3), 87 (5) (b). Omit the word "Conservator" where it twice occurs and substitute the word "Director" in each case. ss. 30 (2), 53A (2). Omit the word "Conservator" where it occurs three times and substitute the word "Director" in each case. 51. Table of penalties . Each section of the Principal Act specified in the first column of the following Table is amended by omitting the

92 Fauna Conservation Act and Another Act Amendment Act 1989, No. 12 corresponding expression specified in the second column and substituting the corresponding expression specified in the third column:- TABLE Provision Expression omitted (5) 59 (1) 79 (2) 80 81 (3) (a) $10,000 $10,000 $10,000 $10,000 $ 5 0 $10,000 $50 $10,000 $10 $1,000 $1,000 Expression substituted 200 penalty units 200 penalty units 200 penalty units 200 penalty units one penalty unit 200 penalty units one penalty unit 200 penalty units 'h penalty unit 20 penalty units 20 penalty units