Fauna Conservation Act of 1952 (1 Eliz Ii No. 13) (Qld)

FAUNA. 1 E liz . II. No. I3y 1952 . Fauna Conservation Act. 207 FAUNA. 1 E liz . II No. 13. An Act to Consolidate and Amend the Law relating ° C A o c n t soerfv 1 a 9 t 5 i 2 o . n to the Conservation, Propagation, Care, and Protection in Queensland, and the Introduc­ tion into and the Removal from Queensland, ' of Fauna ; and for other purposes. [A ssented to 22 nd A pril , 1952.] •• B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :— PAKT j _ P reliminary P art I.—P reliminary . Short title. 1. (1.) This Act may be cited as “ The Fauna Conservation Act Of 1952.” Commence­ ment of Act. (2.) Except as herein otherwise provided, this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. Construction 2. This Act, including every Proclamation, Order in Council, and regulation hereunder, shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any Proclamation, Order in Council, or regulation hereunder wpuld but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. Parts of Act* 3. This Act is divided into Parts as follows :— I. P art —P reliminary ; II. P art —A dministration ; P art III.— P est F auna ; IV. P art —P ermanently P rotected F auna ; V. P art —P rotected F auna ; P art VI. —O pen S easons ;

208 P art I.— P reliminary . FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, P art VII. —S anctuaries ; VIII. P art —P rohibited A ppliances eor the T aking of F auna ; IX. P art —K eeping F auna and the T aking of F auna for P articular P urposes ; X. P art —F auna and S kin D ealers and M ove ­ ment and S ale of F auna — Division I.—Fauna and Skin Dealers ; Division II. — Movement of Fauna ; Division III.—Sale of Fauna ; P art XI. —R oyalty ; P art XII. —G eneral ; S chedule . Repeal of 1 Geo. VI. No. 22. Savings. 4. * “ The Fauna Protection Act of 1937 ” is hereby repealed: Provided that, but without limiting the operation of f “ The Acts Shortening Acts ”— (i.) Unless otherwise expressly provided every Proclamation, Order in Council, regulation, order, direction, license, permit, registration, certificate, notice, delegation, or other act of authority made, granted, issued, given, or done under the repealed Act and in force at the coming into operation of this Act shall, subject as hereinafter provided, continue in force in terms thereof for the purposes of this Act until it expires by effluxion of time or is repealed, amended, or otherwise modified, revoked, cancelled, suspended, or surrendered under this Act: k Provided that every such Proclamation, Order in Council, regulation, order, direction, license, permit, notice, registration, certificate, delegation, or other act of authority shall be read and construed and continue in force as aforesaid subject to this Act; (ii.) Any and every part of the State (including any area of land) which at the coming into operation of this Act is a district, or an opossum district or, as the case may be, a * 1 Geo. 6 No. 22. f 31 V. No. 6 and amending Acts.

1952. EAUNA. FaunaConservationAct. 209 P art X.— P reliminary . sanctuary under and for the purposes of the repealed Act, shall without further or other declaration under this Act, be and continue to be respectively, in the case of any district or opossum district, a fauna district or, in the case of a sanctuary, a sanctuary under and for the purposes of this Act; (iii.) All penalties and forfeitures imposed under the repealed Act and not recovered at the coming into operation of this Act may be enforced and applied as if this Act had not come into operation; (iv.) All actions and proceedings of whatever nature commenced or pending at the coming into operation of this Act under the repealed Act may be carried on and prosecuted as if this Act had not come into operation, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained ; (v.) All protectors appointed under the repealed Act and in office at the coming into operation .. of this Act shall be deemed to have been appointed fauna officers under and for the purposes of this Act, and all honorary protectors appointed under the repealed Act and in office at the coming into operation of this Act shall be deemed to have been appointed honorary protectors under and for the purposes of this Act and such fauna officers and honorary protectors, subject to this Act, shall continue to hold those offices respectively in terms of their appointment without further or other appointment under this Act; (vi.) When in any other Act reference is made to the repealed Act or any Act repealed by that Act, or to any provision thereof, it shall be taken, unless the context otherwise indicates or requires, that that reference is to this Act or, as the case requires, to the corresponding provision of this Act, and that reference shall be read and construed accordingly.

210 P art i .— P reliminary . FAUNA. FaunaConservationAct. 1 E liz . II. No. 13,, Meaning of 5. (1.) In this Act, unless the context otherwise terms. indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say— Appliance. “ Appliance ”—Any means whatsoever used or capable of being used for the taking of any fauna or for facilitating or assisting in the taking of any fauna (including, but without limit to the generality thereof, any prohibited gun, air gun, firearm, other gun of any description, catapult, or other weapon from which any shot, bullet, or other missile whatsoever can be discharged, and any trap, snare, net, boat, vehicle or other conveyance, animal, bird, decoy, poison, bird-lime, explosive, implement, gear, or apparatus, and any lamp, flashlight, torch, or other artificial light of any description, and any shot, bullet, cartridge, or other ammunition of any description): Where any appliance is carried or otherwise kept in parts by two or more persons in company, each and every one of those persons shall for the purposes of this Act be deemed to carry, or, as the case may be, otherwise keep the appliance; Authorised agent. “ Authorised agent ”—Any agent authorised by and in possession of a written authority to- exercise the power, function, or authority conferred by this Act in relation to which the term is used ; • Bird. “ Bird ”—Any bird wild by nature, whether native, migratory, or introduced : The term includes any such bird notwithstanding that it is in captivity or tamed, and any species and Individual members of birds within the meaning of this definition, and also the whole or any part of the skin, feathers, carcass, eggs, nest, young, and offspring of any bird ; Boat. “ Boat ”—Includes any ship, vessel, or boat of any description, and any raft, punt, or hulk; Buy. / “ Buy ”—Includes buying, receiving, or accepting under an agreement to sell, and offering to receive or accept or causing or suffering to be received or accepted under an agreement to sell;

1952.. FAUNA. FaunaConservationAct. 211 P art I.— P reliminary . “ Carcass ”—Used in relation to any fauna, Carcass, includes the skin or feathers and any part of the carcass of that fauna ; “ Certificate ”—A certificate granted under this Certificate. Act and in force at any material time ; “ Fauna ”—Any mammal or bird ; Fauna. “ Fauna dealer ”—Any person who engages in the Fauna dealer, business of dealing in any live fauna, whether by buying or by selling or by buying and selling and whether on his own behalf or on behalf of any other person; “ Fauna district ”—A district which at any time Faima in question is constituted by or under anddistnct* for the purposes of this Act with respect to fauna generally or with respect to any specified faima ; “ Fauna officer ”—Any fauna officer appointed ^una or deemed to be appointed under and for the " purposes of this Act; “ Holder ”—(Used in relation to any license, Holder, permit, certificate, or other authority granted under this Act) any person who at any time in question holds such license, permit, certificate, or other authority then in force ; “ Holding ”—Any land whether held in fee-simple Holding, or under any tenure or subject to any trust under any Act relating to the occupation, leasing, or alienation of Crown land: The term includes any land held from the Crown under an occupation license under and within the meaning of * “ The Land Acts , 1910 to 1951,” and also any part of any holding ; “ Honorary protector ”—Any honorary protector Honorary of faima appointed or deemed to be appointed Protector* under and for the purposes of this Act; “ Keep ”—Includes having in possession or under Keep, control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question ; 1 G. 5 No. 15 and amending Acts.

212 P art I.— P reliminary . Land. License Licensed. Local Authority. Local Authority Area. Mammal. FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, “ Land ”—Includes, but without limit to the generality of its meaning, any land covered by water, or any waters within the territorial jurisdiction of Queensland, any holding or holdings, any Crown land, and any area of lands ; “ License ”—A license granted under this Act and in force at any material time ; “ Licensed ”—Licensed under and in accordance with this Act; “ Local Authority ”—A Local Authority constituted under * “ The Local Government Acts, 1936 to 1951 ” : The term includes any Joint Local Authority, Brisbane City Council • constituted under t “ The City of Brisbane Acts, 1924 to 1951,” and the corporation of The Commissioner of Irrigation and Water Supply constituted under J “ The Irrigation arud Water Supply Commission Acts, 1946 to 1949,” or any other corporation constituted under any other Act where, pursuant to any Act the corporation of The Commissioner of Irrigation and Water Supply or other corporation is a Local Authority ; “ Local Authority Area ”—The area in which, for the purposes of exercising its powers, functions, and authorities and performing its duties, any Local Authority has jurisdiction, including any land under the control of the Local Authority outside the boundaries of that area; “ Mammal ”—Any mammal wild by nature, whether native, migratory, or introduced: The term includes any such mammal notwith­ standing that it is in captivity or tamed, and any species and individual members of mammals within the meaning of this definition, and also the whole or any part of the skin, carcass, eggs, nest, young, and offspring of * 1 G. 6 No. 1 and amending Acts, f 15 G. 5 No. 32 and amending Acts. { 11 G. 6 No. 11 and amending Act.

1952. FAUNA. - ■ FaunaConservationAct. 213 P art I.— P reliminary . any mammal: The term does not however include any marine mammals or any mice or any rats (other than water rats); i “Minister”—The Secretary for Agriculture and Minister. Stock or other Minister of the Crown charged for the time being with the administration of this Act; “ Officer ”—The Under Secretary or any fauna Officer, officer, or other officer (excepting any and every honorary protector) appointed by or under and for the purposes of this Act: The term includes any person who for the time being occupies the office or performs the duties of any such officer : In relation to any function or power conferred or duty imposed by this Act upon any “ officer ” the term includes any person authorised by the Minister (who is hereby authorised to give any such authority) to exercise that power or function or to perform that duty ; “ Order in Council ”—An Order in Council made Order in under or continued in force by this Act; Council. “ Permanently protected fauna ”— Species, Permanently including any individual members of those ]£^®cted species, of fauna prescribed by or under and for the purposes of this Act to be permanently protected fauna ; “ Permit ”—A permit granted under this Act and Permit, in force at any material time ; “ Person ”—Includes a body corporate ; Person. “ Pest fauna ”—Species, including any individual Pest fauna, members of those species, of fauna which, having reference to the time and place in question, are prescribed by or under and for the purposes of this Act to be pest fauna; “ Place ”—Includes any locality or land, andPlace- any building or other structure, tent, camping place, or other premises whatsoever, and any vehicle or other conveyance or boat; “Prescribed”—Prescribed by this Act; !• Prescribed.

214 P art i .— P reliminary . Proclama­ tion. Prohibited gun. Protected fauna. Regulations. Sale. FAUNA. FaunaConservationAct . 1 E liz . II. No. 13, “ Proclamation ”—A Proclamation made under or continued in force by this Act; “ Prohibited gun ”—Every gun— (i.) Having a barrel exceeding forty-two inches in length; or (ii.) Having a single barrel exceeding eight pounds avoirdupois in weight, or having a double barrel exceeding fourteen pounds avoirdupois in weight; or (iii.) Having a single barrel the bore of which exceeds eight calibre, or having a double barrel, either bore of which exceeds ten calibre ; or (iv.) Being of a weight exceeding sixteen pounds avoirdupois ; or (v.) Having more than two barrels ; or (vi.) Not being such a gun as is habitually raised at arm’s length and fired without other support from the shoulder, and every combination of two or more guns temporarily or permanently secured together : But no firearms belonging to or used by Her Majesty or any Naval, Military, or Air Forces or the Police Force of this State shall be deemed to be prohibited guns ; “ Protected fauna ”—All species, including any individual members of those species, of fauna other than permanently protected fauna and, having reference to the time and place in question, pest fauna; “ Regulations ”—Regulations made under or continued in force by this Act; “ Sale ”—Includes auction, barter, exchange, or supply, or causing, permitting, or attempting any of those things, and also offering or attempting to sell, and supplying or receiving for sale, or having in possession for sale, or . exposing for sale, or sending, forwarding, or delivering for sale or on sale, or causing, or suffering, or allowing to be sold or offered for sale, or disposing or offering for disposal • under any hire purchase agreement;

1952. FAUNA. FaunaConservationAct. 215 P art I.— P reliminary . “ Sanctuary ”—Any land which, for the purposes Sanctuary, of this Act, is prescribed by or declared under this Act to be a sanctuary: The term includes any land within a sanctuary ; “ Skin ”—Used in relation to any fauna, includes Skin- any part of the skin of that fauna ; “ Skin dealer ”—Any person who engages in the Skin dealer- business of dealing in skins of any fauna, whether by buying or by selling or by buying and selling and whether on his own behalf or on behalf of any other person ; “ Take ”—Used in relation to any fauna, includes Take, hunting, shooting, killing, poisoning, netting, snaring, spearing, trapping, catching, pursuing, disturbing, stupefying, disabling, taking, plucking, injuring, destroying, or damaging that fauna, or attempting, causing, or permitting or assisting in any of those . acts: (Where a person is liable under this Act to punishment for taking any fauna and that taking is constituted by that person having done, or having attempted to do, or having caused or permitted to be done, or having assisted to do, in relation to that fauna, any of the acts hereinbefore specified in this definition, then it is immaterial that the fauna in question shall not have been taken into possession either by the offender or by any other person whomsoever); “ This Act ”—This Act and all Proclamations, This Act. Orders in Council, and regulations made under or continued in force by this Act; “ Under Secretary ”—The Under Secretary of the Under Department of Agriculture and Stock of the Seoretary- Government of Queensland: The term includes the Assistant Under Secretary (Technical) of that Department, any person for the time being carrying out the duties of either of the aforesaid offices, and any person who, at any time in question, is authorised in writing by the said Under Secretary to exercise the power, function, or authority conferred, or to perform the duty imposed by this Act on the Under Secretary and in relation to which the term is used.

216 P art I.— P reliminary . FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, Derivatives. (2.) Derivatives of any term to which a meaning is assigned by this section shall in' this Act, unless the context otherwise indicates or requires, have a corresponding meaning. oRtehfeerreAncctess. to shall( 3b. e) Atankyenretfoeriennccleudien athriesfeArecntcetotoananyy oltahteerr AAcctt amending or in substitution for that other Act. Classification 6. (l.) For the purposes of this Act, all fauna the^purposes shall be divided into the following classes :— of this Act. (i.) Permanently Protected Fauna; and having reference to the time and place in question— (ii.) Protected Fauna ; and (iii.) Pest Fauna. Fauna to b© (2.) (a) All fauna until taken or kept in accordance ^ property with the provisions of this Act shall be and be deemed o own. ke pr0perty 0f the Crown in right of this State. (b) The property as aforesaid in any fauna shall not impose or be deemed to impose upon the Crown any liability whatsoever at law. Close and seasons ‘ (3.) (a) Where a close season is prescribed for any fauna then the taking, otherwise than under and in accordance with the authority of this Act, of that fauna at any time during that close season and at any place to which that close season refers shall be an offence against this Act anything to the contrary in any other Act notwithstanding. (b) Where an open season is declared under the authority of this Act in relation to any protected fauna then subject to the provisions of this Act the taking of that fauna at a time during that open season and at a place to which that open season refers shall not be an offence against this Act. , Saving of (4.) The provisions of this Act shall not prejudice No G25 and or °therwise affect the provisions of * “ The Animals 63 Vie.’ Protection Act of 1925,” or of any regulations thereunder, N°. 9 . or Qf | “ CriminalCodeAct, 1899.” * 16 G. 5 No. 25. t63 V. No. 9.

1952. FAUNA. FaunaConservationAct. 217 P art II — A dminis ­ tration . P art II.— A dministration . 7. This Act shall' be administered by the Minister Administra- and, subject to the Minister, by the Under Sebretarytl0n of Act- and other officers. _ 8. (1.) The Governor in Council may from time to Appointment time by notification published in the Gazette appoint ° ° cers’ under and for the purposes of this Act such and so many fauna officers and other officers as he deems necessary for the effectual execution of this Act. Every such appointee shall hold his office subject to and in accordance with * “ The Public Service Acts, 1922 to 1950.” (2.) Every member of the Police Force of this State and every person who for the time being holds °ex ,cers or occupies or performs the duties of any of the following f^“arg offices, namely :— 0 cers‘ (i.) The office of any Senior Adviser, Adviser, Assistant Adviser, Senior Inspector, District Inspector, or Inspector in the Department of Agriculture and Stock of the Government of Queensland ; • (ii.) The office of any Land Commissioner, Assistant Land Commissioner, or Land Ranger in the Department of Public Lands of the Government of Queensland; (iii.) The office of any forest officer under or for the purposes of f “ The State Forests and National Paries Acts, 1906 to 1948,” shall, by virtue of his office or of occupying or performing the duties of such office, and without further or other appointment, be deemed to be appointed under and for the purposes of this Act a fauna officer, and may hold such appointment in conjunction with that office or the occupancy or performance of the duties of that office and shall have and may exercise any function, power, or authority conferred and shall discharge every duty imposed upon a fauna officer by this Act. j (3.) The Governor in Council may from time j;o time Appoint- b v y notification j p l ublished in the Gazette a jl p jl point un t der and n P o e n n o t r s a o rv f for the purposes of this Act such and so many persons as protectors, he deems necessary to be honorary protectors of fauna. * 13 G. 5 No. 31 and amending Acts, f 6 E. 7 No. 20 and amending Acts.

218 P art II.— IA dminis - TRATION. FAUNA. Fauna Cdnservation Act. 1 E liz . II. No. 13, Fauna districts. Any and every appointment of an honorary protector may be limited as the Governor in Council thinks fit with respect to time, place, powers, functions, and duties of an honorary protector under this Act, or other circumstances : Provided that in any and every case the appointment as honorary protector shall be held at the pleasure of the Governor in Council and may be terminated by him at any time : Provided, further, that the receipt by the Under Secretary from an honorary protector of the latter’s resignation in writing of his appointment shall terminate that appointment forthwith. (4.) The Governor in Council may from time to time by notification published in the Gazette — (i.) Constitute any part (including any area, district, or locality) of the State as a fauna district for the purposes of this Act; (ii.) Abolish, subdivide, or alter the boundaries of any fauna district, or amalgamate any such districts or parts of such districts ; (iii.) If considered desirable, assign a name to any such district and vary any such name ; (iv.) Assign any fauna officer or other officer or any honorary protector to any fauna district or any part of a fauna district; (v.) Direct that any fauna officer or other officer or any honorary protector who is assigned to any fauna district or part of a fauna district shall only exercise and discharge his functions, powers and duties under this Act in that district or part; (vi.) Cancel any assignment referred to in paragraph ■ (iv) or direction referred to in paragraph (v) of this subsection, and may include in any such notification all or any of those things. Boundaries of fauna districts may differ with respect to fauna generally and any specified species of fauna or with respect to different species of fauna and the whole or any part of any fauna district may be included in another fauna district.

1952. FAUNA. FaunaConservationAct. 219 P art II— A dminis ­ tration . (5.) Unless the Governor in Council has otherwise directed by a notification under this section, any fauna officer or other officer or any honorary protector may exercise and discharge his- functions, powers, and duties anywhere within the State notwithstanding that he may have been assigned to any fauna district or any part of a fauna district. (6.) Judicial notice shall be taken of every notification published in the Gazette under this section. (7.) Every fauna office^ (other than any fauna officer referred to in subsection two of section eight of this Act) and every honorary protector shall be furnished by the Under Secretary with a certificate of appointment, and any fauna officer upon entering any place shall, if required, produce that certificate to the occupier thereof. • 9. (1.) Any fauna officer may at any time— Powers of (i.) Enter any place ; officers. (ii.) Make, with respect to any place, such investigation and inquiry as may be necessary to ascertain whether the provisions of this Act have been or are being complied with in respect of any fauna therein or thereon ; (iii.) Examine any appliance or other thing whatsoever used, apparently used, or capable of being used for taking or for facilitating or assisting in the taking of any fauna, found by him in any place (and whether or not so found in the possession of any person therein or thereon) and seize and detain any such appliance or other thing which is being used, or has been used, or which he reasonably suspects has been or is being used with respect to the taking of any fauna in contravention of any of the provisions of this Act, or which he believes will afford evidence as to the commission of any such contravention; (iv.) Question, with respect to matters under this Act, any person whom he finds in any place or whom he finds in possession of any appliance or other thing specified in paragraph (iii.) of this subsection, to ascertain whether this Act has been or is being complied with and require any such person to answer the questions put;

220 P art II.— tkation " FAUNA. : ' FaunaConservationAct. ' 1 E liz . II. No. 13, (v.) Require any person whom he finds committing or whom he reasonably suspects has committed any offence against this Act, or whom he is authorised to question for the purposes of this Act, or whose name is in his opinion reasonably required for a purpose of this Act, to state his name and address and, if he has reasonable ground for suspecting that the name or address, or name and address as stated is false, require evidence of the correctness thereof; (vi.) Search any place if he has reason to suspect that an offence against any of the provisions of this Act has been or is being committed and that any fauna, appliance, or other thing whatsoever with respect to which that offence was or is being committed or which will afford evidence as to the commission of that offence is likely to be in or upon that place, and search any and every box, basket, receptacle, or other package whatsoever found by him in the course of any search as aforesaid and if necessary for this purpose break open any package ; (vii.) Seize and detain any fauna in respect of which this Act has been or is being contravened, or in respect of which he reasonably suspects this Act has been or is being contravened, or which he believes will afford evidence as to the commission of any such contravention and any appliance or other thing whatsoever which has been or is being used in contravention of any of the provisions of this Act or which he reasonably suspects is being or has been so used or which he believes will afford evidence as to the commission of any such contravention; (viii.) Remove any fauna, appliance, or other thing seized by him under this Act from the place of seizure or allow such fauna, appliance, or other thing to remain at the place of seizure and, in the latter case, make such arrangements as he considers necessary or desirable to protect the same ;

1952. FAUNA. FaunaConservationAct. 221 P art II.— A dminis ­ tration . (ix.) Require the production by any person of any license, permit, certificate, or other authority under this Act held or had by that person or alleged by that person to be held or had by ' him, and inspect, examine, and make copies of or extracts from the same ; (x.) Call to his aid— (a) Any other officer where he is obstructed or he has reasonable cause to apprehend any obstruction in the exercise of any of his functions or powers or in the discharge of any of his duties ; (b) Any person he may think competent to assist him in the exercise of any of his functions or powers or in the discharge of any of his duties ; (xi.) (Only where the fauna officer is a member of the Police Force) arrest any person found offending against this Act whose name and address are unknown to him, or who having stated his name and address fails when required to give evidence of the correctness thereof; (xii.) For any purpose as aforesaid stop any vehicle or other conveyance, or any boat; (xiii.) Exercise such other functions and powers and discharge such duties as may be prescribed. (2.) Any honorary protector, subject to the Powers of limitations, if any, imposed by the Governor in Council protectors, on his appointment with respect to the powers set out in this subsection or otherwise, may at any time— (i.) Require any person whom he finds committing or whom he reasonably suspects has committed any offence against this Act— (A) To state his name and address and, if he has reasonable ground for suspecting that the name or address, or name and address, as stated is false, require evidence of the correctness thereof; (B) To deliver up the fauna, if any, in respect of which this Act is being or is reasonably suspected to have been contravened and any appliance or other thing whatsoever which is being used, or which he reasonably

222 P art II.— A dminis ­ tration . Obstructing officers, &c. FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, • suspects has been used in contravention of any of the provisions of this Act or with respect to the taking of any fauna in contravention of any of the provisions of this Act; \ ‘ (ii.) Seize, detain, and remove any fauna, appliance or other thing delivered up in compliance with any requirement made by him under this Act; (iii.) Require the production by any person of any license, permit, certificate, or other authority under this Act held or had by that person, or alleged by that person to be held or had by him, and inspect, examine, and make qopies ' of or extracts from the same ; (iv.) Call to his aid any fauna officer where he is obstructed or he has reasonable cause to apprehend any obstruction in the exercise of any of his functions or powers or in the discharge of any of his duties ; (v.) Exercise such other functions and powers and discharge such duties as may be prescribed. 10. A person shall not— (i.) Assault, obstruct, threaten, abuse/insult, or intimidate any officer or honorary protector in the exercise of his powers or in the discharge of his duties under this Act, or attempt, or invite or encourage any other person, so to do ; or (ii.) Fail to answer any question put to him in pursuance of this Act by any officer or honorary protector or give any false or misleading answer to any such question ; or (iii.) Fail to comply with the lawful requisition or any part of the lawful requisition of any officer or honorary protector ; (iv.) When required by or under this Act to furnish any assistance or to furnish any information to any officer or honorary protector, fail to furnish that assistance or information, as the case may be, or, in the latter case, furnish false or misleading information ; or

1952. FAUNA. FaunaConservationAct . 223 P art II.— A dminis ­ tration . (v.) Fail, upon demand made verbally by any officer or honorary protector, to deliver up to that officer or honorary protector any fauna, appliance, or other thing authorised by this Act to be seized by that officer, or as the case may be, required under this Act to be delivered up to that honorary protector ; (vi.) Take, retake, remove, or otherwise deal with or attempt to take, retake, remove, or otherwise deal with, any fauna, appliance, or other thing seized under this Act; (vii.) Fail, without reasonable excuse the' proof whereof shall lie upon him, to produce any license, permit, certificate, or other authority under this Act which he is required under this Act by any officer or honorary protector to produce, or fail to allow any officer or honorary protector to make a copy of or extract from any such license, permit, certificate, or authority ; or ‘ (viii.) Directly or indirectly prevent any person from appearing before or being, questioned by an officer, or attempt so to doi Provided that no person shall be required under this section or under any other provision of this Act to answer any question, or give any information or evidence, qr to sign any declaration tending to criminate himself. > P art III.—P est F auna . . vest faxsl 11. (1.) The following fauna, without further or other Certain pests, declaration, shall be and be deemed to be pest fauna under *th;rX*t7to and for the purposes of this Act throughout the State be pest unless this subsection requires that any such fauna shallfauna- be pest fauna only within parts of the State herein indicated, when in such event the fauna so required shall be and be deemed to be pest fauna under and for the purposes of this Act only within those parts of the State so indicated :— (i.) Dingoes, foxes, hares, and rabbits ; and (ii.) Any and all fauna which, at any time in question, are— , (A) A pest under and within the meaning of * “ The Local Government Acts, 1936 to 1951” * 1 G. 6 No. 1 and amending Acts.

224 P art III.— P est fauna . FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, (but as pest fauna only within such localities as are then defined by notification under * “ The Local Government Acts, 1936 to 1951,” to be affected by that pest); or (B) Declared by the Governor in Council by Order in Council under f “ The Stock Routes and Rural Lands Protection Acts, 1944 to 1951,” to be vermin under and within the meaning of those Acts (but where any such fauna are not declared to be vermin generally, then as pest fauna only within such Local Authority Areas and localities wherein that fauna are then declared to be vermin under those Acts); or (C) A cane pest under and within the meaning of % “ The Sugar Experiment Stations Acts, 1900 to 1951 ” (but as pest fauna only within cane pest and disease infested areas as are then defined by Orders in Council under + “ The Sugar Experiment Stations Acts, 1900 to 1951 ”): Provided that the following fauna shall not, at any time or place, be or be deemed to be pest fauna by virtue of this subsection, namely :— (i.) All permanently protected fauna ; (ii.) All marsupials ; and (iii.) All such fauna as may otherwise be prescribed to be not subject to the application of this subsection. Power to (2.) The Governor in Council may from time to w.tre pest time by Order in Council declare any specified fauna (other than any permanently protected fauna) to be pest fauna for the purposes of this Act. \ Pest fauna may be so declared either generally throughout the State or within any fauna district specified or any area or locality defined in the declaration. Such an area or locality may be defined by reference to any Local Authority Areas, or petty sessions districts, or in any other manner sufficiently identifying the same. * 1 G. 6 No. 1 and amending Acts, f 8 G. 6 No. 16 and amending Acts. J 64 V. No. 17 and amending Acts.

1952. FAUNA. FaunaConservationAct. 225 P art III.— P est F auna . All fauna so declared shall, to the extent indicated by the declaration and while such declaration remains in force, be pest fauna for the purposes of this Act. 12. Unless otherwise expressly" provided by this Act, the taking by any person of any fauna at a time and permitted*! place when and where that fauna is pest fauna under and within the meaning of this Act shall not be an offence against this Act. 13. (1.) Unless otherwise expressly provided by Saving of this Act, the provisions of this Act shall not prejudice provisions or otherwise affect the provisions of any other Act (or of relating to any regulation or by-law thereunder) regulating andpest fauna‘ controlling any fauna or any matter or thing with respect to the taking, keeping, or liberation in, or introduction into, Queensland of any fauna, but so far only as such provisions apply or may be applied with respect to such times and places when and where that fauna is pest fauna under and within the meaning of this Act or with respect to the prohibition of the taking of any fauna declared under that other Act to be a natural enemy of any pest fauna. (2.) The definition of the term “Marsupial” in Amendment subsection one of section five of * “ The Stock Routes- and yi Rural Lands Protection Acts, 1944 to 1951 ” is amended No. ns. by repealing therein the words “ but exclusive of any marsupial which has been or is from time to time declared under f “ The Fauna Protection Act of 1937 ” (or any Act amending or in substitution of the same) to be fauna to which such Act extends or shall extend and apply ” and by inserting, in lieu of those repealed words, the words “ when and where that marsupial is declared under % “ The Fauna Conservation Act of 1952 ” (or any Act amending or in substitution of the sjsune) to be pest fauna under and for the purposes of such Act.” ■* ' $ IV. P art —P ermanently P rotected F auna . P art I V.— P ermanently pf ° atunaeb 14. (1.) The fauna specified in the Schedule to this Permanently Act, without further or other declaration, shall throughout fa^cted the State be and be deemed to be permanently protected fauna under and for the purposes of this Act. * 8 G. 6 No. 16 and amending Acts, t 1 G. 6 No. 22. X This Act. H

226 P art IV.— P ermanently P rotected FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, Power to (2.) The Governor in Council may from time to additional time by Order in Council declare any specified fauna to permanently be permanently protected fauna for the purposes of this faunaCted Act and all fauna so declared shall throughout the State be and continue to be permanently protected fauna. Any Order in Council made under the authority of this subsection shall not be repealed by any subsequent Order in Council, anything to the contrary in this Act notwithstanding. Permanent 15. A close season throughout the State for all dose season permanenkly protected fauna is hereby fixed— permanently protected fauna. ' * \ ' In the case of the permanently protected , fauna referred to in subsection one of section fourteen of this Act, on and from the coming into operation of this Act; and (ii.) In the case of fauna declared permanently protected fauna under subsection two of section fourteen of this Act, on and from the date the declaration takes effect, and extending without limit of time. Furthermore, nothing in this Act shall authorise the declaring at any time of any open season in relation to any permanently protected fauna. Offences with 16. Any person who (otherwise than under and in 2g0*ftheaccordance with a permit granted by the Minister under permanently section thirty-eight of this Act)— fauna!ted (i.) Takes any permanently protected fauna ; or (ii.) Uses, or attempts to use, or causes or permits to be used, or assists in using any appliance for the purpose of taking any permanently protected fauna, shall be guilty of an offence against this Act. Penalties 17. Any person guilty of an offence against this Part of this Pai>t this Act shall be liable to a penalty not exceeding Act. ° 8 one hundred and fifty pounds and, in the case of a first offence, of not less than fifteen pounds, or, in the case of a second or any subsequent offence, of not less than thirty pounds.

1952. FAUNA. FaunaConservationAct. 227 P art V.— P rotected F auna . P art V.—P rotected F auna . j 18. All fauna (other than permanently protected Protected fauna and, in relation to any time and place when andfauna‘ where fauna is pest fauna, such pest fauna) shall, without further or other declaration, be and be deemed to be protected fauna under and for the purposes of this Act. 19. Subject to any declarations under the authority Close season of this-Act of open seasons in relation to any protected protected f°r fauna, there shall be for all protected fauna a close fauna, season throughout the State on and from the coming into operation of this Act and extending without limit of time. 20. Any person who— (i.) Takes any protected fauna ; or Offences with respect to the taking (ii.) Uses, or attempts to use, or causes or permits^uPr°tec*ed to be used, or assists in using any appliance for the purpose of taking any protected fauna, (otherwise than— (A) Under and in accordance with a permit granted under the authority of this A ct; or (B) During an open season declared under the authority of this Act in relation to that protected fauna and in a place to which that open season refers and in accordance with the provisions of this Act relating to the taking of that protected fauna in that open season), shall be guilty of an offence against this Act. Any person guilty of an offence against this section shall be liable to the same penalty as for an offence against Part VI. of this Act. 21. (I.) Upon proof to his satisfaction that any Power to protected fauna are causing serious damage or injury of dTstmc'tivf to any property (including any crops or live stock) on protected any holding, or'are otherwise causing serious personalfauna- loss to the owner or occupier of any holding, or are causing or are likely to cause injury to any person, the Minister may grant a permit in writing authorising subject to such provisions, conditions, and restrictions as he thinks proper, in the case of a holding, the owner

228 P art V.— P rotected E auna . FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, or occupier of the holding and his authorised agents, if any, or in any other case, such person or persons as he deems fit and desirable, to take any such protected fauna found upon that holding or, as the case may be, which are causing or are likely to cause injury, irrespective of whether a close or open season is then in force in relation to that protected fauna or the holding is or the protected fauna are within a sanctuary. pPtaeokrwimneigrt toof that ( a2n. ) y IpfrothteectMedinfaisutenra iosnaotr aanbyouttimaneyoafertohderoompieniaorne protected of such numbers as to be liable to cause an accident to faaeurondaroonmes. any aircraft, he may permit in writing, subject to such provisions, conditions, and restrictions as he thinks proper, the person in charge of that aerodrome to take, within the boundaries of the aerodrome or within such other boundaries as the Minister may determine, all protected fauna of the species specified in that permit, (irrespective of whether a close or open season is then in force in relation to the protected fauna or the aerodrome or the area within those other boundaries or any part thereof is within a sanctuary), and the permit shall be sufficient authority for the person to whom the permit is issued and his authorised agents, if any, to take, subject to the provisions, conditions, and restrictions, if any, subject to which the permit is granted, the protected fauna so specified. (3.) Every permit granted under this section shall specify therein the protected fauna which may be taken thereunder, the holding or other place whereon they may be taken, and the period of time during which the permit is in force, and may specify therein the number of protected fauna which may be taken thereunder and such other provisions, conditions, and restrictions as the Minister thinks proper. Every such permit shall be and be deemed to be granted subject to the provisions, conditions, and restrictions specified therein. (4.) The taking of any protected fauna under and in accordance with a permit granted under this section shall not be an offence against this Act but the keeping and selling of such fauna shall, unless and so far as allowed by the provisions of the permit, be subject to the provisions of this Act.

1952. FAUNA. FaunaConservationAct. 229 P art V.— P rotected F auna . (5.) The Minister in his absolute discretion may at any time during the currency of any permit granted under this section revoke that permit and thereupon the permit shall cease to be in force as if the period of time for which it was issued had expired. . P abt VI. —O pen S easons . P art VI.— O pen S easons . 22. (1.) Unless otherwise indicated or provided, the Application provisions of this Part of this Act shall apply only with of thls Part' respect to protected fauna. (2.) Anything in this Part of this Act contained, and any declaration under the authority of this Part of this Act of an open season, or the granting or holding of an open season fauna permit under this Part of this Act shall not authorise or be deemed to authorise the taking of any protected fauna within any sanctuary. 23. (1.) Upon being satisfied at any time that a Power of the particular species of protected fauna is present in any fauna district in sufficient numbers to ensure satisfactory declare open survival, the Governor in Council may by Order inseasons- Council declare with reference to that fauna district an open season in relation to that protected fauna for . such period of time as he thinks proper. (2.) Every declaration made under the authority of subsection one of this section shall specify the fauna district or fauna districts to which that open season refers and the period of time during which the open season shall operate. (3.) For the purposes of this Part of this Act the Governor in Council may from time to time by Order in Council or the regulations prescribe either generally or to meet particular cases such provisions, conditions, and restrictions as he deems necessary or desirable with respect to the taking of any protected fauna during an open season declared under the authority of this Act in relation to that protected fauna including, but without limiting the generality of the foregoing provisions of this subsection, all or any of the following— (i.) Limiting of the number of such protected fauna that any one person may take diming the open season or within any specified period thereof or on any one day of the open season or during or on more than one of those times ;

230 FAUNA. P art VI.—------------------------------------------------------------------------------------------------------------------------------------------ S easons . FaunaConservationAct. 1 E liz . II. No. 13, Open permits. (ii.) Prescribing the method of taking such protected fauna during the open season or under an open season fauna permit and prohibiting or otherwise restricting the use of any specified appliances for the taking of such protected fauna during the open season; and (iii.) The limiting of the period of time during which open season fauna permits granted under this Act in respect of the open season are to remain in force. 24. (1.) A person who takes any protected fauna or uses or attempts to use any appliance for the purpose of taking any protected fauna during an open season declared under the authority of this Act in relation to that protected fauna in any place to which that open season refers otherwise than under and in accordance with the authority of a permit (in this Act referred to as “an open season fauna permit ”) issued under this section, shall be guilty of an offence against this Act: Provided that unless otherwise prescribed the provisions of this subsection shall not apply with respect to the taking of any ducks or quail of any species dining an open season declared in relation thereto in any place to which that open season refers. (2.) Every application for an open season fauna permit shall be made to the Under Secretary or to any officer appointed by the regulations and shall be in the prescribed form or a form to the like effect and contain such particulars and information as may be prescribed and shall be accompanied by the prescribed fee. (3.) The Under Secretary or any officer authorised by him in that behalf shall consider applications for open season fauna permits and may at his discretion grant or refuse to grant permits thereon. If in relation to any open season declared under the authority of this Act the Under Secretary or officer as aforesaid is of the opinion that the number of applicants for such permits in respect of any particular place to which that open season refers exceeds the number of those permits which it is reasonable or desirable to grant in respect of that place, then the number of open season fauna permits granted by him in respect of the place shall be limited to the number that he considers reasonable ot desirable.

1952. • FAUNA. FaunaConservationAct. 231 P art VI.— O pen S easons . (4.) Every open season fauna permit shall be in the form prescribed or a form to the like effect and shall specify the name of the permit holder, the species of protected fauna and any restriction as to the number thereof he is permitted to take, the period of time during which that permit is in force, and the name or such other description deemed sufficient for identification purposes of the place in which the permit holder is permitted to operate, and may contain such other provisions, conditions, and restrictions as may be prescribed. Every such permit shall be and be deemed to be granted subject to the provisions, conditions, and restrictions specified therein and to any other provisions, conditions, and restrictions as may be prescribed under and for the purposes of this Part of this Act. Where any open season is declared for a period of time longer than twelve months then no open season fauna permit shall be granted for a period of time longer than twelve months. (5.) Unless otherwise expressly provided by this Act, the granting under this Act of an open season fauna permit shall not confer upon the permit holder any right of entry upon any land the property of another. 25. Any person being the holder of an open season offences by fauna permit granted under this Act in respect of an ^P“ase“°“it open season declared under the authority of this Act in holders, relation to any protected fauna who— (i.) Takes any such protected fauna outside the place in which he is permitted by that permit to operate; or (ii.) Takes more of such protected fauna than the number thereof he is permitted by his permit to take ; or (iii.) Takes any fauna of a species not specified in that permit; or (iv.) Takes any protected fauna otherwise than under and in accordance with any other provisions, conditions, and restrictions!subject to which that permit is granted, shall be guilty of an offence against this Act.

232 P art VI.— seasons . FAUNA. FaunaConservationAct. 1 E liz . II: No. 13, PuPneandrtearlotitfehstihs is t/his P2a6r.t Aopf ythispeArscotnshaglul ilbtey liaobfleatno aofpfeenncaeltyaogfainnostt Act. less than four pounds and not more than one hundred and fifty pounds and in addition to a penalty of not more than five shillings for each of the fauna, if any, in respect of which the offence was committed. Saving. 27. The provisions of this Part of this Act 'shall not derogate from any other provisions of this Act relating to the taking of fauna. P art VII.— S anctuaries . P art VII.— S anctuaries . N6SaoEv. di2nw0g. aoVnfIdI. shall2n8o.t ( p1r. ) ejuTdhieceporrovoitshioenrws isoef athffiesctPtahret porfovtihsiiosnsAoctf aAmctesn*d&incg. * 19“48 T , h ” e or St o at f e a F ny or r e e st g s ul a a n ti d on N s a t t h io e n re a u l n P d a e r r k . s Acts, 1906 to Pdsaeoncwlcaetrureatroies. time( 2b.) y TOhredeGr oivnernCoorunicnil Cdoeucnlacrile manayy sfrpoemcifietidmelantdo (whether that land or any land included therein is Crown land or not) to be a sanctuary for the purposes of this Act and if considered desirable, assign a name to any such sanctuary and vary any such name. aPSntaadrtkeNs Fatootirobenesatsl decla(r3e.d) Atonybe aandStaatlel FlaonrdestpeorrmaaNneanttiolynarlePsearrvkedunadnedr sanctuaries. * “ The State Forests and National Parks Acts, 1906 to 1948,” shall, without further or other declaration, be and be deemed to be a sanctuary under and for the purposes of this Act. Judicial (4.) The boundaries of every sanctuary shall be bnooutincdeaorfies of judicially noticed. - sanctuaries. offences with 29. (1.) Notwithstanding anything to the contrary faima on° contained in any other Act or law, any person who at any sanctuaries, time— (i.) Takes any fauna within a sanctuary ; or (ii.) Uses, or attemps to use, or causes or permits to be used, or assists in using any appliance for the purpose of taking any fauna within a sanctuary; or * 6 E. 7 No. 20 and amending Acts.

1952. FAUNA. FaunaConservationAct. 233 P art VII.— S anctuaries . (iii.) Brings or places, or causes or permits to be brought or placed, or assists in bringing or placing upon a sanctuary for the purpose of taking any fauna any appliance, or brings or places, or causes or permits to be placed upon a sanctuary any poisonous material injurious to any fauna; or (iv.) Enters or is upon a sanctuary for the purpose of committing any act referred to in this subsection, shall be guilty of an offence against this Act. (2.) The provisions of subsection one of this section Application shall apply with respect to all fauna (whether pest fauna ° 860 lon' or not) and shall not derogate from any other provisions of this Act relating to the taking of any fauna : Provided that the provisions of the said subsection shall not apply with respect to the taking, within the boundaries of any holding situated within a sanctuary subject to any restrictions prescribed as to the use of appliances for the taking of that fauna, of any pest fauna by the owner or occupier of that holding and his authorised agents, if any, nor with respect to the taking by a person or persons of any fauna within a sanctuary under and in accordance with a permit granted under the authority of section thirty of this Act. 30. Notwithstanding anything to' the contrary Power of the contained in any other Act or law if the Minister is at any j^^riL/the time of the opinion that any pest fauna within a sanctuary taking ofpest are of such numbers as to be causing injury to the sanctu^ies.1" sanctuary or to any surrounding land or to any property on the sanctuary or surrounding land, he may permit in / writing such person or persons as he deems fit and desirable to enter that sanctuary and, subject to such provisions, conditions, and restrictions as he thinks proper, to take within that sanctuary the pest fauna specified in that permit and that permit shall authorise that person or those persons, as the case may be, to enter that sanctuary and all lands included therein and, subject to the provisions, conditions, and restrictions, if any, of the permit, to take the pest fauna so specified. 31. (1.) The Minister or the Under Secretary or any Sanctuary person authorised by the Minister or the Under Secretarynotieee- in that behalf may from time to time cause to be placed,

234 P art VII.— S anctuaries . ^AUNA. FaunaConservationAct. 1 E liz . II. No. 13, at such points within or on the boundaries of any sanctuary, notices of such form and construction as he considers necessary or desirable, for the purpose of indicating publicly that the land is a sanctuary, the extent of that sanctuary, and the liability of any person contravening this Act with respect thereto, or any of those things, and may from time to time cause any such notice to be removed, demolished, or erased. Any person or persons authorised by the Minister or the Under Secretary or person aforesaid shall have authority to enter upon any sanctuary and all lands included therein for the purpose of placing, removing, demolishing, or erasing any such notices and to carry opt the purpose. (2.) Nothing in this Act contained shall require the placing of any notice referred to in subsection one of this section and the fact that any such notice is not placed within or on the boundaries of any sanctuary shall not affect or prejudice in any way whatsoever any proceedings instituted under this Act with respect to that sanctuary. (3.) Any person who, without the authority of the Minister, the Under Secretary, or any person authorised by the Minister or the Under Secretary in that behalf, demolishes, destroys, pulls down, erases, removes, defaces, or otherwise damages or interferes with any notice placed, pursuant to subsection one of this section, within or on the boundaries of any sanctuary, shall be guilty of an offence against'this Act. (4.) Every notice placed in pursuance of the Act repealed by this Act within or on the boundaries of any sanctuary shall he deemed to be a notice placed pursuant to subsection one of this section. Power to 32. Any officer or honorary protector may require prqeeuqriustoirnes to aconnytrapveernsoinng oforuhnads cuopnotnravaenesdantchtiusaAryct aonr dwhwomho thies sanctuaries. officer or honorary protector reasonably suspects is contravening or has contravened this Act to quit such sanctuary. Any person who refuses or otherwise fails to quit any sanctuary when lawfully required under this subsection or who re-enters upon such sanctuary after having been lawfully required under this subsection to quit the same shall be guilty of an offence against this Act.

FAUNA. 235 ------------------------------------------------------------------------------------------------------------------------------------------ P art VIII.— 1952. ' FaunaConservationAct. S p S ances FOR THE ' T aking of P art VIII.— P rohibited A ppliances for the T aking Fadna' or F auna . I 33. Unless the context herein otherwise indicates Qfp£^ation or requires, the provisions of this Part of this Act-— ’ (i.) Shall apply with respect to all fauna whatsoever and with respect to the taking of any fauna at any time or place; (ii.) Shall apply with respect to any person (including any permit holder or other person authorised by or under this Act to take any fauna and any other person whomsoever); (iii.) Shall not derogate from any other provisions of this Act relating to the taking of any fauna; and (iv.) Shall apply notwithstanding anything to the contrary contained in any Act. 34. (1.) Any person who for the purpose of taking Prohibition any fauna uses, or attempts to use, or causes or permits to be used, or assists in using, or keeps — poisons, &c. (i.) Any cyanide of potassium ; or (ii.) Any other poisonous compound of cyanogen ; or (iii.) Any poison declared under subsection two of this section to be a poison to which this section also extends and applies, shall be guilty of an offence against this Act. (2.) For the purposes of subparagraph (iii.) of subsection one of this section the Governor in Council may from time to time by Order in Council declare any specified poisons to be poisons to which this section also extends and applies. (3.) Any person guilty of an offence against the provisions of this section shall be liable to a penalty of not less than ten pounds and not more than one hundred and fifty pounds. (4.) In any prosecution of a person for keeping, in contravention of this section, any cyanide of potassium or any other poisonous compound of cyanogen or any poison declared under subsection two of this section to be a poison to which this section also extends and

236 FAUNA. P art VIII.— P rohibited A ppliances FaunaConservationAct. \ E liz . II. No. 13, FOR THE T aking of F auna . applies, proof that such cyanide of potassium, other poisonous compound, or poison was kept by the person charged with the offence, shall be evidence that he kept it in contravention of this section. Prohibition of use of bird-lime, &c. 35. (1.) Any person who for the purpose of taking any fauna uses, or attempts to use, or causes or permits to be used, or assists in using, or keeps any bird-lime or any viscid or adhesive substance, shall be guilty of an offence against this Act. (2.) Any person who uses, or causes or permits to be used, or assists in using any bird-lime or any viscid or adhesive substance in such a manner or in such circumstances that the same may take any fauna shall be guilty of an offence against this Act. (3.) In any prosecution of a person for keeping, in contravention of subsection' one of this section, any bird-lime or any viscid or adhesive substance, proof that such bird-lime or viscid or adhesive substance was kept by the person charged with the offence, shall be evidence that he kept it in contravention of that subsection. Further restrictions on appliances. 36. (1.) Any person who for the purpose of taking any fauna uses, or attempts to use, or causes or permits to be used, or assists in using, or keeps— (i.) Any electric or acetylene or other lamp, flashlight, or torch or any other artificial light of any description ; or (ii.) Any prohibited gun; or (iii.) Any appliance (other than a poison) declared under subsection two of this section to be an appliance to which this section also extends and applies, shall be guilty of an offence against this Act. (2.) For the purposes of subparagraph (iii.) of subsection one of this section, the Governor in Council may from time to time by Order in Council declare any specified appliances (other than poisons) to be appliances to which this section also extends and applies. Restriction on use of dogs. 37. Any person who— (i.) For the purpose of taking any permanently protected fauna ; or

FAUNA. 237 --------------------:-------------------------------------------------------------------------------------------------------------------- -------------------------------------------P art VIII.— 1952. FaunaConservationAct. P rohibited A ppliances for the T aking of (ii.) For the purpose of taking any protected fauna F auna . (otherwise than during an open season declared under the authority of this Act in relation to that protected fauna and in a place to which that open season refers), uses, or attempts to use, or causes or permits to be used, or assists in using any dog shall be guilty of an offence against this Act. P art IX.— K eeping F auna and the T aking oe F auna eor P articular P urposes . P art IX.— K eeping F auna and the T aking of F auna for P articular P urposes . 38. (1.) Unless otherwise expressly provided, the^PP^®*^011 provisions of this section shall apply with respect to all ' fauna (other than dingoes, foxes, hares, and rabbits, and any fauna bred from fauna kept not in contravention of this Act in captivity or obtained from any such fauna so bred), and any such provision relating to the keeping of any fauna shall apply to fauna to which this section applies whether taken before or after the coming into operation of this Act: Provided that the provisions of this section shall not prejudice or otherwise affect the provisions of any other Act regulating or controlling the keeping of any pest fauna. (2.) The Minister may at any time in writing permit p°r'^irt J^kin either or both— or keeping (i.) The taking of any fauna ; of fauna. (ii.) The keeping in or upon any place of any fauna, subject to such provisions, conditions, and restrictions as may be prescribed or otherwise as he thinks proper (including the species of the fauna and the number thereof subject to such permission and if considered necessary or desirable the period of time during which the permit remains in force), by— (a) The trustees or director of any public gardens, museum, grounds, or exhibition ; ( b ) A person who collects or desires to collect such fauna for scientific purposes ; (c) A person who desires such fauna for zoological or biological purposes ; or

238 FAUNA. P art IX.— K eeping F auna and the T aking of F auna for P articular P urposes . FaunaConservationAct. 1 E liz . II. No. 13, (d) A person who desires to keep such fauna alive in a state of domestication or captivity (provided that no permit to take any fauna shall be granted under this subparagraph (d) to any such person). No permit granted under this subsection shall be in force for a period of time longer than twelve months. Any such permit allowing the taking of any fauna may permit the authorised agents of the person to whom the permit is granted to take such fauna. (3.) Every permit granted under this section shall specify the name of the permit holder, the species of fauna and any restriction as to the number thereof in respect of which permission is granted, and the period of time during which that permit is in force, and any other provisions, conditions, and restrictions, subject to which the permit is granted, that the Minister considers desirable to be specified thereon. (4.) The Minister may in his discretion grant or refuse to grant permits under this section and may at any time diming the currency of that permit, in his absolute discretion, revoke that permit whereupon the permit shall cease to be in force as if the period of time for which it was granted had expired. (5.) The Governor in Council may from time to time by Order in Council or the regulations prescribe, either generally or to meet particular cases, such provisions, conditions, and restrictions, as he deems necessary or desirable with respect to the granting of permits under this section and with respect to the taking or keeping of fauna thereunder : Provided that any such permit may be granted subject to such other provisions, conditions, and restrictions as the Minister thinks proper. offences in (6.) Any person who (otherwise than under and in keeping accordance with a permit, license, or any other authority of any fauna, granted under this Act) keeps or attempts to keep any fauna whatsoever shall be guilty of an offence against this Act: Provided that it shall not be an offence against this subsection to keep any protected fauna taken, not in contravention of this Act, diming an open season declared under the authority of this Act, or of the Act repealed

FAUNA. 239 1952. FaunaConservationAct. P art IX.— KEEPING F auna and the T aking of F auna for by this Act, in relation to that protected faung. in any P articular P urposes . place to which that open season refers, nor to keep any fauna taken at a time and place when and where that fauna is pest fauna, nor to continue to keep any fauna kept lawfully prior to the coming into operation of this Act. Any person guilty of an offence against this subsection in relation to any permanently protected fauna shall be liable to the same penalty as for an offence against Part IV. of this Act. 39. Where any provision of this Act relating to Power of the keeping of any fauna has not been complied with, any orderCcauseof fauna officer may order in writing any person who has contra- offended against this Act by such non-compliance, be^emedied. within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the non-compliance has occurred. The giving of such an order shall not affect any proceeding or any action authorised by this Act which has been or may be taken for the non-compliance which resulted in the order but, subject to the provision hereinafter in this subsection contained, the person to whom the order is given shall not be liable under this Act in respect of any continuation of that non-compliance during the time allowed by the order. A person to whom such an order is given shall comply in every respect with the order. P art X.— F atjna and S kin D ealers and S ale of F auna . and P art X.— F auna and S kin D ealers and M ovement M ovement off ®™* j /. - Division I.—Fauna and Skin Dealers. sun Dealers. 4-0- Any permit, license, or certificate granted ^Jer thi*C ’ under the authority of this Part of this Act shall not p^rt do not authorise nor be deemed to authorise the taking of anyau,t*loris® the tauna whatsoever. , fauna. 41. (1.) The provisions of this section shall not Fauna apply to any person who not in contravention of thisdealers‘ Act sells any fauna after having personally taken that fauna for the purposes of sale.

240 FAUNA. P art X — F auna and S kin D ealers FaunaConservationAct. 1 E liz . II. No. 13, AND M ovement and S ale of F auna . (2.) (a) Any person who engages or advertises or Division I .— notifies that he engages in the business of dealing in SFkaiunnDa eaanlders. any live fauna, whether by buying or by selling or by buying and selling and whether on his own behalf or on behalf of any other person, shall, unless he is the holder of a fauna dealer’s license granted under this section, be guilty of an offence against this Act. ( b ) Any person who engages or advertises or notifies that he engages in the business of dealing in skins of any fauna, whether by buying or by selling or by buying and selling and whether on his own behalf or on behalf of any other person, shall, unless he is the holder of a skin dealer’s license granted under this section, be guilty of an offence against this Act. (3.) (a) The Under Secretary or any officer authorised by him in that behalf from time to time may, at his' discretion, grant licenses under this section of the following kinds, namely :— (i.) A fauna dealer’s license which shall authorise, subject to the provisions of this Act, the holder of that license to engage in the business of dealing in any live fauna ; (ii.) A skin dealer’s license which shall authorise, subject to the provisions of this Act, the holder of that license to engage in the business of dealing in skins of any fauna. Both such licenses may be granted to one person. (6) Every application for a license under this section shall be made to the Under Secretary and shall be in the form prescribed or a form to the like effect and shall specify each of the premises at or upon which the applicant carries or intends to carry on business as such fauna dealer or skin dealer and shall contain such other particulars and information as may be prescribed and shall be accompanied by the prescribed fee. (c) Licenses granted under this section shall be in force for such period of time and shall be subject to such provisions, conditions, and restrictions as may be prescribed. (d) When granting any license under this section the Under Secretary shall cause to be registered each of the premises at or upon which that license holder is authorised, by that license to carry on the business in question and shall thereupon grant a certificate of such registration.

FAUNA. 241 P art X — 1952. FaunaConservationAct. F auna and S kin D ealers AND M ovement (4.) Any person licensed under this section as a oapnd F a S uanlae . fauna dealer or skin dealer who— Division I .— Fauna and (i.) Fails to carry on the business authorised by Skin Dealers. that license in accordance with any provision, condition, or restriction, subject to which the license is granted; or (ii.) Carries on business at or upon any premises in respect of which a certificate of registration granted under this section is not held by him, shall be guilty of an offence against this Act. (5.) When and so often as a person licensed under this section as a fauna dealer or skin dealer removes any place of business to other premises, or opens a new place where he intends to carry on business, or ceases to carry on business at any premises, he shall make application as prescribed for the grant under this section to him of a fresh certificate of registration, and shall return to the Under Secretary with his application the certificate of registration previously granted and the Under Secretary may grant a fresh certificate of registration accordingly. (6.) The Under Secretary may, upon the conviction for any offence against this Act of any person licensed under this section as a fauna dealer or skin dealer— (i.) Suspend for such period of time as he may determine ; or (ii.) Revoke, the license or licenses and the certificate or certificates of registration held by that person under this section. (7.) (a) Any person whose application for a license or a certificate of registration under this section has been refused, or whose license or certificate of registration granted under this section has been suspended or revoked, may within fourteen days of notice by him of suck refusal, suspension, of revocation, appeal to the Minister. (b) The Minister, on such appeal, may hear and determine the matter, or he may, before determining the matter, refer such matter to any one or more persons for the purpose of his or their inquiring into and investigating such matter and furnishing to him a report thereon.

242 FAUNA. P art X.— F auna and S kin D ealers FaunaConservationAct. 1 E liz . II. No. 13, and M ovement and S ale of F auna . Division I .— Fauna, and Skin Dealers. After hearing the matter or upon receipt of the said report the Minister may, in his absolute discretion, dismiss or allow the appeal or substitute, therefor such other decision as he thinks just and proper in the circumstances and in any event his decision thereon shall be final. Without limiting the powers of the Minister under this section, the Minister may at any time refuse to determine an appeal or refuse to further proceed to the determination of an appeal under this section, if he is of or forms the opinion that such appeal is merely frivolous or vexatious. The regulations may for the purposes of giving effect to this subsection prescribe all matters and things relating to appeals under this subsection. Prohibition 42. Any fauna dealer or skin dealer who at any bofydfeaaulninags, time receives or buys, or keeps, or sells or otherwise dealers or disposes of any live permanently protected fauna or isnkinperd­ ealers, any skins of any permanently protected fauna or any manently article wholly or partially made from any permanently pfaruonteac.ted protected fauna, whether that fauna is bred or obtained from fauna bred in captivity or otherwise, shall be guilty of an offence against this Act. The provisions of this section are in addition to and not in derogation of any other provisions of this Act with respect to the receiving, buying, keeping, or selling or otherwise disposing of any permanently protected fauna. Offences by 43. (1.) Any fauna dealer who receives or buys ifnaurnealadtieoanletros any live fauna other than— fauna. (i.) Fauna taken at a time and place when and where that fauna is pest fauna ; or (ii.) Fauna taken not in contravention of this Act during an open season declared under the authority of this Act, or of the Act repealed by this Act, in relation to that fauna at a place to which that open season refers ; or (iii.) Fauna taken under and in accordance with a permit (other than an open season fauna permit) granted under the authority of this Act and which allows the sale of that fauna ; or

FAUNA. 243 P art X.— 1952. FaunaConservationAct. F auna and S kin D ealers and M ovement (iv.) Fauna or fauna bred from fauna kept, not in oafnd F a S uanlae . contravention of this Act, in captivity, Division I .— shall be guilty of an offence against this Act. Fauna and Skin Dealers. (2.) Any fauna dealer who, otherwise than under and in accordance with a permit granted under section forty-six of this Act, keeps or sells or otherwise disposes of any live protected fauna at a time other than during an open season declared under the authority of this Act in relation to that protected fauna and the fourteen days next following the termination of that open season, shall be guilty of an offence against this Act. (3.) Any fauna dealer who sells or otherwise disposes of any fauna upon which any royalty payable under this Act remains unpaid shall be guilty of an offence against this Act. skins4o4f.fa( 1u. n) aAontyhesrktihnadne— aler who receives or buys any isOnkfifrneenldaceetisaolbnerytso (i.) Skins of fauna taken at a time and place fauna. when and where that fauna is pest fauna ; or (ii.) Skins of fauna taken not in contravention of this Act during an open season declared under the authority of this Act in relation to that fauna at a place to which that open season refers; or (iii.) Skins of fauna taken under and in accordance with a permit (other than an open season fauna permit) granted under the authority of this Act and which allows the sale of that fauna or those skins ; or (iv.) Skins of fauna or of fauna bred from fauna kept, not in contravention of this Act, in captivity, shall be guilty of an offence against this Act. (2.) Any skin dealer who otherwise than under and in accordance with a permit granted under Section forty-six of this Act, keeps or sells or otherwise disposes of any skins of any protected fauna at a tima other than during an open season declared under the authority of this Act in relation to that protected fauna and the fourteen days next following the termination bf that open season shall be guilty of an offence against this Act.

244 FAUNA. P art X.— F auna and S kin D ealers Fauna -Conservation Act. 1 E liz . II. No. 13, and M ovement and S ale of F auna . (3.) Any skin dealer who sells or otherwise disposes Division I .— of any skins of fauna upon which any royalty payable FSkaiunnDa eaanledrs. under this Act remains unpaid shall be guilty of an offence against this Act. Prohibition of removal of 45. Any person who from any premises of any fauna upon fauna dealer or skin dealer removes any fauna upon rwohyiachlty which any royalty payable under this Act remains remains unpaid shall he guilty of an offence against this Act. unpaid. UndOT°fthe 46. (1.) The Under Secretary may upon being secretary satisfied that no offence against this Act has been kwpng^&c., committed with respect thereto, grant a permit in writing of fauna by ’to any fauna dealer or skin dealer to keep or sell or during close otherwise dispose of any protected fauna otherwise than season. during an open season declared under the authority of this Act in relation to that protected fauna and the fourteen days next following the termination of that open season. (2.) Every permit granted under this subsection shall specify such particulars and shall be subject to such provisions, conditions, and restrictions as may be prescribed or otherwise as the Under Secretary thinks proper. Dealers to 47. Any fauna dealer or skin dealer who upon information, request by an officer fails to furnish to that officer all such information which that dealer is' capable of furnishing as the officer may require in relation to any fauna received, bought, kept, sold or otherwise disposed of by that dealer or who furnishes any such information which is false or misleading shall be guilty of an offence against this Act. Division II .— Movement of Fauna. Division II.—Movement of Fauna. foRaneuemnpaoavfrratolomoff in ac4co8r.d(a1n. ) ceAwniythpearspoenrmwhitogortahnetrewdisuentdhearnthuinsdseercatinodn ptQoaureatenonofstlhaenrd pateramniyts ttimo eberermemovoevse, da, totremaspstissttsoinrermemovoev, inogr fcraoumsesanoyr Queensland. part of Queensland— (i.) Any permanently protected fauna ; or (ii.) Any protected fauna ; or

FAUNA. 245 1952. (iii.) P art X — FaunaConservationAct. F auna and S kin D ealers and M ovement Any pest fauna upon which royalty being oafnd F a S uanlae . payable under this Act remains unpaid, Division II .— to another part of Queensland shall be guilty of ail offence Fmma. against this Act. (2.) (a) Any fauna officer, upon being satisfied that no contravention of this Act has occurred in relation to the fauna in question, may grant a permit in writing authorising the removal of that fauna from one part of Queensland to another part of Queensland. - (6) Every permit granted under this subsection shall specify such particulars and shall be subject to such provisions, conditions, and restrictions as may be prescribed. 49. (1.) Any person who otherwise than under and in accordance with a permit granted under this section Queensland, at any time removes, attempts to remove, or causes or permits to be removed, or assists in removing from any place in Queensland to any place outside of Queensland— (i.) Any permanently protected fauna ; or (ii.) Any protected fauna ; or (iii.) Any pest fauna, shall be guilty of an offence against this Act. (2.) (a) The Under Secretary or any officer authorised by the Under Secretary in that behalf, upon being satisfied that no contravention of this Act has occurred in relation to the fauna in question and that the requisite permission, if any, for the importation of the fauna to the place to where the fauna is desired to be removed has been obtained, may at his discretion grant a permit in writing authorising the removal of that fauna from a place in Queensland to a place outside of Queensland. (b) Every permit granted under this subsection shall specify such particulars and shall be subject to such provisions, conditions, and restrictions as may be prescribed or otherwise as the Under Secretary or authorised officer thinks proper. 50. (1.) Any person who otherwise than under andintro- in accordance with a permit granted under this section at any time brings, or attempts to bring, or cause or Queensland, permits to be brought, or assists in bringing into

246 FAUNA. P art X— ~ F auna and S kin D ealers FaunaConservationAct. 1 E liz . II. No. 13, and M ovement *" oafnd F a S uanlae . a .... ensland from outside of Queensland any fauna not Division II .— being fauna ordinarily found in a condition of natural FMaouvnema. ent of l 1 lD* UtJ ^ L l 2 .. y in Queensland shall be guilty 6f an offence against this Act. (2.) (a) The Under Secretary or any officer authorised by the Under Secretary in that behalf, upon being satisfied that the requisite permission, if any, for the removal of the fauna in question to Queensland has been obtained, may at his absolute discretion grant a perm it in writing authorising the bringing of that fauna into Queensland. (6) Every permit granted under this subsection shall specify such particulars and shall be subject to such provisions, conditions, and restrictions as may be prescribed or otherwise as the Under Secretary or autho:rised officer thinks proper. Liberation of 51. (1.) Any person who liberates any fauna not fauna ordinarily found in a condition of natural libert j in Queensland except under and in accordance with a permit granted under this section shall be guilty of an offence against this Act. (2.) (a) The Under Secretary or any officer authorised by the Under Secretary in that behalf may at his absolute discretion grant a permit in writing authorising the liberation from captivity of any fauna not being fauna ordinarily found in a condition of natural liberty in Queensland. (b) Every permit granted under this section shall specify such particulars and shall be subject to such provisions, conditions, and restrictions, if any, as the Under Secretary or authorised officer thinks proper. Division III .— Sale of Fauna. Division III.—Sale of Fauna. pPoefrrodmheiaablniinteignosntliyn OP sei ” 5 li s2.an( 1y.) pAernmyanpeenrstloyn pwrohtoecbteudysf,auantatemorpatsnytoarbtiucyle, pfaruonteac.ted p w e ll r O mI ' aly: r ,neonrtly pparrottieaclltyed fmauadnea shfraollmbe tghueiltyskoifnanoofffeanncye again st this Act. (2.) Any person guilty of an offence against this sectio: >n shall be liable to the same penalty as for an offence agains1 Part IV. of this Act.

FAUNA. 247 P art X.— 1952. FaunaConservationAct. F auna and S kin D ealers and M ovement 53. Any person who buys, attempts to ibuy, or oafnd F a S uanlae . sells any fauna (other than permanently protected Division III.— fauna) or any article wholly or partially made from the Sale of Fauna. skin or feathers of any such fauna shall be guilty of an Prohibition offence against this Act: of certain dealings in Provided that the provisions of this subsection shall fparuonteac. ted not apply with respect to— (i.) Fauna taken not in contravention of this Act; or (ii.) Fauna or fauna bred from fauna kept not in contravention of this Act in captivity or obtained from any such fauna so kept or bred. 54. Any person who sells any fauna or any fauna Sale of fauna obtained from fauna taken under and in accordance any6per^tr with a permit (other than an open season fauna permit) (other than granted under the authority of this Act shall, unless the fauna permit in question allows such sale, be guilty of an permit), offence against this Act. 55. (1.) The provisions of this section shall come into operation on a date to be fixed by the Governor in SateT °r Council by Proclamation published in the Gazette and shall apply with respect to such species of fauna as may be prescribed. (2.) Any person who otherwise than under and in accordance with a permit granted under this section at any time and place breeds any fauna for gain or reward or sells any fauna bred in captivity or obtained from fauna so bred shall be guilty of an offence against this Act. (3.) The Minister may at his discretion grant permits for the purposes of this section, and every such permit shall be subject to such provisions, conditions, and restrictions, if any, as may be prescribed or otherwise as the Minister thinks proper. P art XI.— R oyalty . P art XI.— R oyalty . 56. (1.) Royalty at the rates prescribed shall be j^pakf *° payable to the Crown in right of this State upon every fauna or the carcass or skin of every fauna, taken (whether lawfully or not) in Queensland, of any species as may be'prescribed.

248 P art XL— R oyalty . FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, ]Royalty may vary in respect of different species of fauna and may, in respect of any species of fauna, be paya ble only where such fauna is taken and sold, Exenlrptions from the payment of royalty, in such cases as shall be specified, may be prescribed in respect of a:,ny species of fauna where that fauna is taken not in contravention of this Act. Persons (|2.) Where royalty is payable under this Act in pliaabymleefnort ©f respect of any fauna then the following persons shall be royalty. liable jointly and severally for the payment of that royalty, namely :— (i.) The person who takes the fauna upon which royalty is payable and that person shall be liable for the payment of the royalty forthwith upon such taking ; (ii.) Every fauna dealer, skin dealer, or other person whomsoever, who at any time after the taking of the fauna upon which royalty is payable receives or keeps the fauna or any fauna obtained therefrom, and that person shall be liable for the payment of the royalty forthwith upon the receipt of such fauna or upon such fauna first being kept by him : Every person liable to pay any royalty under this Act shall pay that royalty forthwith upon his becoming so lia ble : Provided that royalty shall not be paid more than once upon any fauna. (3.) Where any fauna in respect of which any roya. Ii>y payable under this Act remains unpaid is lawfully recei " by any person liable for the payment of that royal|yy under subparagraph (ii.) of subsection two of this section, then, notwithstanding anything to the contrh, ry in any other Act or law, he may deduct from any ihoneys lawfully due by him for or on account of that auna received to any other person the amount of unpa:id royalty which he is liable to pay, and upon paymjent of such royalty to the Crown in right of this State of the amount so deducted, he shall be discharged of his obligation to that other person in that amount.

1952. FAUNA. FaunaConservationAct. 249 P art XI.— R oyalty . 57. The regulations may prescribe either generally Power to or to meet particular cases, all or any matters ot things “Rations considered necessary or desirable by the Governor in with respect Council to give effect to the provisions of this Part Qf to royalty, this Act and without limiting the generality of the foregoing provisions of this section all or any of the following:— (i.) Prescribing methods of collecting royalty and the manner of payment thereof; (ii.) The branding of skins or the doing of any other act or thing to indicate that royalty is payable or paid in accordance with this Act; (iii.) Prohibiting dealings in fauna or the tanning or dressing of skins until all royalty payable thereon has been paid; (iv.) Prescribing the powers and duties of fauna officers with respect to the collection of royalty ; (v.) Prescribing for the purpose of any proceedings under this Act in relation to the recovery of ' any royalty payable upon any fauna what shall be deemed to be sufficient evidence that such royalty remains unpaid. 58. Any person liable to pay any royalty under Offence not this Act who fails to pay that royalty in accordance royalty, with this Act shall be guilty of an offence against this Act. Any person guilty of an offence against this section shall be liable, in addition to the penalty for that offence, to a penalty of twice the amount of the royalty in respect of which he was convicted. 59. (1.) The amount of any royalty payable Recovery of under this Act and unpaid may be recovered from any royalties' person liable to pay the same in a summary' way under * “ The Justices Acts, 1886 to 1949,” on complaint by the v Under Secretary or by any person authorised by the Under Secretary, or, as a debt due to Her Majesty from that person, by action in any court of competent jurisdiction in the name of the Minister or any person authorised by the Minister in that behalf. * 50 V. No. 17 and amending Acts.

250 P art XI.— R oyalty . FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, (|2.) An unsatisfied judgment or order of any court for the recovery of any royalty payable under this Act shall not be a bar to the recovery thereof from any other person liable under this Act for the payment there' bf. (3.) Proceedings may be taken under this section against any person for the recovery of any royalty irrespective of whether proceedings have been taken undei: this Act against that person for an offence in relation to such non-payment or not or whether that person has been convicted of that offence or not. Jurisdiction in (4.) Proceedings in a summary way under * “ The proceedings Justices Acts, 1886 to 1949,” or by way of an action as rfoercotvheery of for a debt as prescribed by this Act to recover the amount fees, &c. mofayanbye rotaykaeltny, p- haeyaar-dblea-nudn- ddeer- tetrhmi- sinAe- dct baynda ncooturpt aiodf„ petty sessions at Brisbane or within the petty sessions distri'ct within whic"h or within twenty mi'les of th’ e boundaries whereof the defendant resides or the fauna in question was taken or kept or, in the case of an action as aforesaid, before a court competent to hear and determine such an action either at Brisbane or in respect of the place where the defendant resides or the fauna in question was taken or kept. Power of court to order pay­ ment of unpaid royalty on conviction. (5.) If upon convicting any person for an offence against this Act with respect to any fauna, the court is satisfied that any royalty payable under this Act by that person upon any fauna remains unpaid it may order the person convicted to pay to the Crown such amount of royalty as the court determines is payable and unpaid by him and such order shall be in addition to any penalty to which the offender is liable upon his conviction : Provided that the failure to make such an order shall not be a bar to any proceedings taken under this section for the recovery of any unpaid royalty. Power to 60- A fauna officer may seize any fauna in respect of rseeiszpeefcatuonfa in which any royalty payable under this Act remains which any unpaid and may detain such fauna until such royalty royalty remains is paid. unpaid. * 50 V. No. 17 and amending Acts.

1952. FAUNA. FaunaConservationAct. 251 P art XI.— R oyalty . If all royalty is not paid thereon within six months after such seizure, that fauna shall without further or other authority be and be deemed to be forfeited to the Crown in right of this State. Any such seizure and detention or forfeiture shall not prejudice or affect any proceedings under this Act for the recovery of or for an offence in relation to the non-payment of that royalty. P art XII. —G eneral . pg ™ ai T 61. The holder of any license, permit, certificate, Offence by or other authority granted under this Act who fails to j™™r. comply with any provision, condition, or restriction subject to which that license, permit, certificate, or, as ' the case may be, other authority is granted shall be guilty of an offence against this Act. 62. The holder of any permit or other authority When permit whatsoever granted under or for the purposes of this required to Act and authorising him to take any fauna (including carry permit, an authorised agent), who fails to carry that permit or, as the case may be, other authority with him at all times whilst engaged in the doing of anything for the lawful doing of which that permit or other authority is required shall be guilty of an offence against this Act. 63. Any person who lawfully uses any appliance Regular for the purpose of taking any fauna shall inspect or cause ^p^nees °f that appliance to be inspected at intervals of not more lawfully than thirty-six hours from the time when that appliance used- was last set or placed in position or inspected and upon every such inspection the person making that inspection shall remove therefrom any fauna taken thereby. Any person who fails to comply with any requirement of this section shall be guilty of an offence against this Act. 64. Any officer may require any person found at When proof any time keeping any fauna to supply to the ; Under furnished Secretary, within such time as may be prescribed or within such extended time as the officer specifies, prooftaking or that such fauna was taken or is kept lawfully under keeping °f this Act.

252 P art XII.— G eneral . FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, Failure by any person to whom any such requirement is directed to furnish proof in accordance with that requirement to the Under Secretary’s satisfaction shall be evidence that such fauna was at the time so found taken or kept in contravention of this Act, and proceedings may be instituted, for any such offence and, unless the person proceeded against gives proof to the satisfaction of the court hearing and determining those proceedings of his not having contravened this Act he shall be convicted, of the offence in respect of which any such| proceedings are brought. _ Where any proceedings brought under this section are dismissed, upon proof as aforesaid being given to the court’s satisfaction, then the court shall not award to the defendant any costs upon such dismissal if it is of tfte opinion— (i.) That the defendant failed to furnish any proof to the Under Secretary in compliance with the requirement of an officer ; or (ii.) That the defendant furnished any proof to the Under Secretary which differed in any respect from the proof given to the court. Power of the 65. (1.) Notwithstanding anything to the contrary revok<for° contained in this Act, the Minister in his absolute suspend discretion may at any time during the currency of any permits, &c. ]jcense) permit, certificate, or other authority granted under this Act, suspend for any period, of time he thinks proper or revoke that license, permit, certificate or other authority, and. thereupon the license, permit, certificate, or other authority shall be and be deemed to be suspended or, as the case may be, revoked accordingly. (2.) There shall be no appeal against any suspension or i-evocation by the Minister' of any license, permit, certificate, or other authority granted under this Act. (3.) The conviction of any person who holds any license, permit, certificate, or other authority granted under this Act for any offence against this Act shall, if the Minister so orders, disqualify that person from obtaining any further license, permit, certificate, or other authority under this Act for a period of two years from the date of such conviction.

1952. FAUNA. FaunaConservationAct. 253 PART XII.— G eneral . (4.) Nothing contained in this section and no suspension, revocation, or order under this section shall in any way interfere with or otherwise prejudice any action or proceeding taken or which may be taken against any person or any act of authority under any other provision of this Act. 66. Suspension under this Act of any license, Effect of permit, certificate or other authority— suspension. (i.) Shall, whilst such license, permit, certificate, . or other authority is so suspended, have the same effect as the revocation thereof; and (ii.) (If the period of such suspension is less than the period during which that license, permit, certificate or other authority ordinarily would have remained in force) shall not, upon the termination of that suspension, extend the period during which that license thereafter remains in force beyond the period during which that license would have remained in force if it had not been suspended. 67. When under this Act a license, permit, Return of certificate, or. other authority is suspended or revoked, g^Sador then the person to whom that license, permit, certificate, revoked. or other authority was granted shall, if requested by any fauna officer, deliver forthwith to that fauna officer that suspended or revoked license, permit, certificate, or other authority. If default in delivering any such license, permit, certificate, or other authority is continued by any person who has been convicted of the offence of failing to deliver that license, permit, certificate, or other authority, then that person shall be deemed to commit a continuing offence and shall be liable to a penalty of not more than five pounds for each and every day during which that offence is continued : Provided that the continuing offence in respect of such non-delivery shall not be deemed to commence until the expiration of fourteen days from the date of conviction as aforementioned. 68. (1.) A person shall not— (i.) Forge or counterfeit any license, permit, Forgery of certificate, or other authority granted underll06nse’ &c- and for the purposes of this Act; or

254 P art XII.— G eneral . FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, (ii.) Utter, or make use of any such license, permit, certificate, or other authority so forged or counterfeited; or (iii.) Personate any person named in any license, permit, certificate, or other authority granted under and for the purposes of this Act; or (iv.) Falsely pretend to be a fauna officer or honorary protector; or (v.) Connive at any such forging, counterfeiting, uttering, making use, personating or pretending as aforesaid. (2.) Any person guilty of an offence against this section shall be liable to a penalty of not more than one hundred and fifty pounds or to imprisonment with or without hard labour for any period not exceeding six months. PCsuooswupreetrnsdotofor certif6ic9a.te( 1, .) orWohtheerre athuethohroiltdyergroafntaendyulnicdeenrseth, ispeArmctiti,s rpeevromkiets, &c. ocothnevricAtecdt thoefna, nif othffeenJcuedgaegoaifntshte tShuipsrAemcte Corouargtapirnesstidainnyg at his trial upon indictment is, or the justice or justices of the peace before whom he is summarily convicted are, satisfied upon the evidence (or, upon a plea of guilty, upon the facts relevant to the offence and the circumstances thereof stated by the prosecutor and not rebutted by the defendant)— (i.) That such license, permit, certificate, or other authority enabled, aided, or facilitated the commission of the offence by him ; or (ii.) That, having regard to the nature of the offence, or to the circumstances in which it was committed, or to both, the offender should be prohibited from holding such license, permit, certificate, or other authority under this Act; or (iii.) That, for any other reason such license, permit, certificate, or other authority should be suspended or revoked, the Judge or justices may order that the license, permit, certificate, or other authority be suspended for such period of time as the Judge or justices shall specify in the order, or that the license, permit, certificate or other

FAUNA. 255 -------------------------------------------------------- :--------------------------------------------------------------------------------------------------------------:-------------- P art XII.— 1952. FaunaConservationAct. gbnbrai . authority be revoked, and thereupon the license, permit, certificate, or other authority shall be and be deeined to be suspended or, as the case requires, revoked in accordance with that order. (2.) The provisions of this section shall not prejudice or otherwise affect any other provisions of this Act relating to the revocation or suspension of any licenses, permits, certificates, or other authorities granted under this Act and any failure of a Judge or justices to make an order under this section with respect to any license, permit, certificate, or other authority shall not prevent the revocation or suspension thereof by the Minister under any other such provision. . (3.) Any order made under this section shall be in addition to any penalty or punishment to which the person convicted may be liable upon his conviction. (4.) A copy of any order made under this section shall be transmitted to the Under Secretary by the Registrar of the Supreme Court or the Clerk of the Petty Sessions which recorded the conviction. # 70. (1.) Any person who contravenes or fails to°ffenees- comply with any provision of this Act shall be guilty of an offence against this Act. (2.) Where any person under the-authority of this Act directs anything to be done or forbids anything to be done by another person then if that other person fails to do the thing directed to be done or, as the case may be, does the thing forbidden to be done, that other person shall be guilty of an offence against this Act. (3.) (a) Any person guilty of an offence against any General provision of this Act shall be liable, if no specific penalty penalty is provided for that offence, to a penalty of not less than four pounds and not exceeding one hundred and fifty pounds. ( b ) Any penalty or punishment to which the person convicted may be liable upon his conviction shall be in addition to any forfeiture under this Act. (c) Notwithstanding anything in any Act to the contrary, where any person is convicted of any offence against this Act the penalty to be imposed in respect of such offence shall not be reduced below any prescribed minimum amount of penalty.

256 P art XII.— G eneral . FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, pSruomcemeadrinygs. in a ( s4u. ) mAmlalroyffwenacyesuangdaeirns* t “ th T is he A J ct us m tic a e y s b A e c p ts r , os1e8c6u8te t d o 1949,” on complaint by any person authorised by the Minister and any offence against this Act where the offen der is arrested under this Act may be so prosecuted on camplaint of the officer who made the arrest. mTcoiemmnemt oefofnrce­ may (5b. e) Ainsptirtousteecdutaiotnafnoyr tainmeoffwenitcheinagtawinelsvte thmisonAthcst prosecutions, aftei the commission of the offence or within twelve months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period. Jurisdiction. (6.) A complaint for an offence against this Act in respnet of the taking or keeping of any fauna may be hear " and determined either within a petty sessions distrlict within or within twenty miles of the boundary of hich such fauna were taken or kept, or within a pettV sessions district within or within twenty miles of e boundary of which such fauna or any parts of such fauna are found subsequent to the taking or keeping theniof. It shall be immaterial that the person charged with such offence is not the person in whose keeping such fauna or any parts thereof are so found. Power of (7.) In any proceedings on a complaint any order mcoaukret toorder which’ the court is empowered to make may be made without withliout an application or complaint being made in tahpeprleifcoart. ion resp( set thereof, notwithstanding anything to the contrary in this or any other Act. Compensa­ tion on conviction. (8.) On any conviction under this Act the court may ordejr such payment as it thinks fit as compensation for loss of time or expense incurred in consequence of the offence of which the defendant was committed or in comLection with the proceedings to secure such conviction. Corporation, (9.) Proceedings against any corporation for an *0- offence against this Act or for the recovery of royalty undeir this Act, may be taken against any person who is the manager or who acts or takes part in the management, adm|:inistration, or government of such corporation, and such person shall be personally liable in such proceedings for the offence or, as the case may be, royalty, in question. 50 V. No. 17 and amending Acts.

1952. FAUNA. FaunaConservationAct. 257 P art XII.—' G eneral . 71. (1.) Unless otherwise indicated or provided, Retention of any fauna, appliances, or other things seized undqr thissa£ed. Act may, unless it is sooner established to the satisfaction of the Under Secretary that at the time of such seizure and detention no offence in relation thereto had been committed against this Act, be detained for a period of twelve months, or, if within that period proceedings for an offence against this Act in relation thereto, or proceedings for any offence in which such fauna, appliances, or other things are or can properly be adduced in evidence, have been instituted, until the final determination of these proceedings, including any appeal in the matter of those proceedings. (2.) Unless otherwise expressly provided all fauna of and every appliance or other thing seized under this Act auna’ c' and in relation to which any offence against this Act has been committed shall, upon the conviction of any person for that offence, be and be deemed to be forfeited to Her Majesty in right of this State and such forfeiture shall, if the Minister so orders, extend to the whole of any other fauna, appliances, and other things, if any, seized with the fauna, appliance, or other thing first mentioned: Provided’ that the Minister may, in his absolute discretion, upon being satisfied that any such appliance or other thing is the property of a person (other than the person or persons convicted) who has used all due diligence to enforce the execution of this Act and that the offence has been committed without his knowledge, consent, or connivance, order that such appliance or other thing be delivered to that person on such conditions, if any, as the Minister thinks fit. • Any person who contravenes or fails to comply with any such condition shall be guilty of an offence against this Act. (3.) Notwithstanding anything to the contrary contained in this Act, any fauna, appliances, or other things seized under this Act shall, if the Minister at his absolute discretion so orders, be forfeited to Her Majesty in right of this State notwithstanding that no person is proceeded against for or convicted of an offence against this Act in relation thereto. to H(e4r. ) MAalljefsatuynau,nadperplitahnisceAs, catndshoatlhl ebrethdienaglst fworif j iTsiteOd* ^ ffDaoiursfnpeaoit, sead&l co. f disposed of as the Minister may direct.

258 P art XII- G eneral . FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, (5.) Any such forfeiture, dealing with, or disposal shall not confer upon any person any right to compensation. CSarvoriwensngperocifgthotsf provi(s6i.o)nTohfethpisroAvcistiorenlsationfg tthoisthesescetiizounre,ordetaennytioont,hoerr fauna. forfeiture of any fauna shall not prejudice the rights of the Crown with respect to any fauna which pursuant to subsection two of section six of this Act is the property of the Crown, and any such right may be exercised at any time by the Crown anything to the contrary in this Act notwithstanding. Pt& oecn.C, aolptniaesyso, alib-le p( ejna7lt2ie.s, ( c1o. ) stsU, nfeleesss, rootyhaelrtwy, isaenidndcoicmatpeednsoartipornorveicdoevde, raeldl Rdaetveednue, ^ th ‘ nedeCronthsoislidAactetdshRaelvl ebneuepFaiudndin. to and become part of Cost of adminis­ tration. (2.) The cost of the administration of this Act shall be paid out of moneys from time to time appropriated by Parliament for the purpose. Facilitation 73. (1.) In any proceedings under or for the purpose of proof. of this Act— . (i.) It shall not be necessary to prove the appointment of any officer or honorary protector or the authority of any officer or honorary protector to do any act or give any direction or order; (ii.) A signature pm-porting to be that of the Under Secretary or of any other officer or • of any honorary protector shall be taken to be the signature it purports to be until the contrary is proved; (iii.) It shall not be necessary to prove the limits of any area or locality whatsoever, or that any place is within a fauna district or sanctuary or an area or a locality, or part thereof, but this shall not prejudice the right of any defendant to prove the limits of the area or locality or that any place is not within the fauna district, sanctuary, area, or locality, or part thereof; (iv.) Proof of the fact that any fauna is kept by any person shall be evidence of the unlawful taking thereof by him ;

1952. FAUNA. FaunaConservationAct. 259 P art XII.— G eneral . (v.) A document purporting to be a copy of a license, permit, certificate, or other authority granted under this Act shall, upon its production in evidence, be evidence of that license, permit, certificate, or as the case may be, other authority, and in the absence of, evidence in rebuttal thereof, shall be conclusive evidence of that license, permit, certificate, or as the case may be, other authority; (vi.) A document purporting to be signed by the Under Secretary and stating that at any specified time there was or was not in force a license, permit, certificate, or other authority under this Act as described therein granted to a specified person, and if stated therein, that such license, permit, certificate, or other authority was or was not issued subject to the provisions, conditions, and restrictions set out, shall, upon its production in evidence, be evidence of the matters in that document, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matters; (vii.) Any certificate purporting to be under the hand of the Under Secretary, of the receipt or non-receipt of any notice, application, or payment, or of any other thing required by this Act to be given or made shall, upon its v production in evidence, be evidence of the matter or matters certified to therein, and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matter or matters; ; (viii.) Proof of the bringing, placing, using, or keeping - of any appliance in or upon any sanctuary or other place whatsoever shall be evidence that such appliance was brought, placed, used, or, as the case may be, kept for the purpose of unlawfully taking any fauna therein or thereupon; ' (ix.) Proof that a gun was fired in or from any place without having been raised at arm’s length and fired from the shoulder without other support shall be evidence that such gun is a prohibited gun;

I 260 PART XII.— G eneral . FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, (x.) The allegation or averment in any complaint that any person committed the act specified for a specified purpose, or that any carcass, feathers, skin, eggs, nest, or any other fauna is permanently protected fauna, protected fauna, or, as the case may be, pest fauna shall 'be evidence of the matter or matters so averred or alleged, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matter or matters. (2.) This section shall not prejudice any other means of proving the elements of any alleged offence and shall not lfessen or affect any onus of proof otherwise falling on the defendant. Power of Minister to delegate. 74. (1.) The Minister may from time to time, in relation 'to any matters or class of matters, by writing under his hand, delegate all or any of his powers, functions, authorities, and duties under this Act (other them this power of delegation) so that such of his powers, functions, authorities, and duties as are so delegated may be exercised, or as the case may be, shall be performed by a delegate with respect to the matters or class of matters specified in the instrument of delegation. (2.) Where under this Act the exercise of any power, function, authority by the Minister is dependent upon the opinion, belief, or state of mind of the Minister in relation to any matter, that power, function, or authority nui y be exercised by a person to whom it is delegated, up-on the opinion, belief, or state of mind of that delegate. (3.) Every delegation shall be revocable by the Minister at his will, and no delegation shall prevent the exercise of the delegated power, function, or authority, or th|e performance of the duty by the Minister. (4.) The Minister may make such and so many delegations under this section and to such number of persons, as he may consider necessary or desirable. Protection of 75- (1.) No matter or thing done by the Minister tohffeicMerisn, i&stecr. , oi| by the Under Secretary, or by any person acting with the authority of the Minister or of the Under Secretary, or by any officer or honorary protector in good faith and without negligence for the purpose of executing this Act

FAUNA. -------------------------------------------------------------- ---------------------------------------------------------------------------- 1952. FaunaConservationAct. 261 P art XII.— general . or in the execution of his powers and duties under this Act, shall subject the Crown, or the Minister or Under Secretary, or the officer or honorary protector, as aforesaid to any liability in respect thereof. (2.) The provisions of this Act relating to offences with respect to any fauna shall not apply to the Minister or any officer or honorary protector while acting for any purpose connected with the conservation, propagation, care, and protection of fauna. 7 6. Unless otherwise expressly provided by this Rights of Act, any declaration of an open season under theentry' authority of this Act or the granting or holding of any license, permit, certificate, or other authority under this Act shall not give any person any right of entry upon land the property of another. 77. (1.) The owner or occupier of any holding or Trespassing his authorised agent may demand the name and address for thedmgs of any person trespassing upon such holding whom he purpose of suspects is contravening or is upon that holding for the S^T™111118 purpose of contravening this Act, and may require any such trespasser to quit such holding. (2). Any person who— - (i.) (Otherwise than under the authority of this or any other Act, including any regulations under any other Act,) enters or is upon any holding without the permission of the owner or occupier thereof for the purpose of taking any fauna; (ii.) Refuses or otherwise fails to give his name and . address or gives a false name or address or false name and address when lawfully demanded under subsection one of this section; or (iii.) Refuses or otherwise fails to quit any holding when lawfully required under subsection one of this section, shall be guilty of an offence against this Act. (3.) In any proceedings for an offence | under subparagraph (i.) of subsection two of this section] proof that any person who was on any such holding had in his possession any appliance shall be evidence that such person entered or was upon such holding for the purpose of taking some fauna.

262 P ari XII.— G eneral . FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, (4.) Nothing contained in this section and no proceedings taken under this section against any person shall in any way interfere with any right or remedy which the owner or occupier of any holding might have had against any trespasser thereon if this section had not been enacted. A&Tdoes not 78. This Act, excepting sections thirty-four, apply to thirty-five, and thirty-six hereof, shall not apply to any aboriginals, aboriginal, within the meaning of * “ The Aboriginals Preservation and Protection Acts, 1939 to 1946,” taking any native fauna for his own food : ~ Provided that the provisions of this section shall not apply to an aboriginal who is in employment the terms of which include the provision of food by his . employer nor do they permit an employer to kill permanently protected fauna or protected fauna for an aboriginal employee. Regulations. 79. (1.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or desirable to carry out the objects and purposes of this Act. Without limiting the generality of the foregoing provisions of this section, regulations may be made for or in respect of all or any of the following purposes, matters, and things :— Duties of officers. (i.) Prescribing, regulating and controlling the powers and duties of fauna officers, other officers, and honorary protectors; Licenses, &c. (ii.) Prescribing and regulating and controlling applications for and the granting of or any class of, licenses, permits, certificates, and other authorities under this Act; the provisions, conditions and restrictions subject to which in pursuance of this Act such licenses, permits, certificates, and other authorities or any class thereof shall be granted, and all or any matters and things relating to the surrender, transfer, revocation, suspension, and endorsement, of such licenses, permits, certificates, or other authorities; * 3 G. 6 No. 6 and amending Act.

FAUNA. 263 ---------------------------------------- ^------------------------------------------------------------------------------------------------P art XII.— 1952. FaunaConservationAct. general . (iii.) Prescribing and requiring records to be kept Reeords and and returns to be furnished by holders of orre urns’ any class of licenses, permits, certificates, or other authorities granted under this Act and providing for the inspection of such records by any officers ; (iv.) Prescribing, regulating, and controlling aficonserva- or any matters and things for the conservation, fl^a. propagation, care, and protection in Queensland of all or any fauna ; (v.) Regulating and controlling the introduction Removal of into, the keeping, and the liberation infauna- Queensland of any fauna not ordinarily found in a condition of natural liberty in Queensland, and the removal in or from Queensland of all or any fauna ; (vi.) Prescribing, regulating and controlling all or Sanctuaries, any matters and things in relation to sanctuaries including, but without limiting the generality thereof, the control of all or any sanctuaries (including the placing of any sanctuaries under the control of any Local Authority or person whomsoever subject to such provisions, conditions, and restrictions as may be prescribed), the prevention of any interference with or injury to or scaring of any fauna on any sanctuaries and preventing any contamination or pollution of any sanctuaries, and the prohibition or . control of any persons or class of persons entering any sanctuaries; (vii.) Delegating to all or any Local Authorities Local including any prescribed officers thereof anyAuthorities- functions, powers, and authorities under this ' Act had and exercisable by any person and prescribing, regulating, and controlling those functions, powers, and authorities so delegated, and prescribing all or any matters and things, whether generally or to meet particular cases, to give effect to such delegations; (viii.) Providing for the approval of the constitution Fauna and rules of any society having for any ofSocieties' its objects the furtherance of this Act or of

264 P art XII.— G eneral . Advisory Committee. Fauna bred in captivity. Prohibiting sale of fauna. Methods of laying poison. Conditions for transporting fauna, &c. Inspection of aviaries, &c. Inspection, &c., of fauna. FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, any of the objects of this Act and defining the powers, duties, and privileges of all or any such societies; (ix.) Providing for the formation and constitution of an advisory committee whose function shall be the providing to the Minister of information on any matters connected with the objects of this Act; (x.) Regulating and controlling the keeping and sale or other disposal of all or any fauna bred in captivity or obtained from fauna bred in captivity; (xi.) Prohibiting, or otherwise regulating and controlling the keeping or sale of all or any fauna permanently or during any specified period of time ; (xii.) Prescribing, regulating and controlling methods of laying poison for any lawful purpose and providing safeguards in connection therewith in order to prevent the destruction of permanently protected fauna and protected fauna; (xiii.) Prescribing, regulating and controlling conditions under which any fauna may be consigned, sold, or transported and for the proper caging of such fauna ; (xiv.) Providing for the inspection of premises of fauna dealers and of skin dealers and the inspection and registration of all or any classes of premises where fauna is housed whether privately or for public exhibition purposes (including aviaries); regulating and controlling the cleansing and sanitary conditions of such premises and of any other premises (including enclosures and cages) wherein any fauna are housed ; ensuring a proper food and water supply to fauna in captivity and to generally safeguard such fauna, whether such fauna is being transported or otherwise; (xv.) Providing for the inspection and identification of all or any fauna taken or kept wheresoever ;

1952. FAUNA. FaunaConservationAct . 265' P art XII — G eneral . (xvi.) Prescribing fees payable under this Act and Fees, the matters in respect of which such fees shall be paid and prescribing the persons by whom and the places and times when and where such fees shall be paid ; (xvii.) Regulating and controlling the production and invoices and delivery of tickets, invoices, or delivery notes notes?7 in respect of any fauna consigned or sold and prescribing the information which is to be given on such tickets, invoices, or delivery notes; (xviii.) Providing for the preservation of good order Good order, among persons engaged under the authority of this Act in taking any fauna; (xix.) Authorising, subject to any prescribed Entry by provisions, conditions and restrictions, holders £aimaSpermit of open season fauna permits granted with holders. ’ respect to any prescribed species of fauna to enter (with horses and dogs, if and as prescribed) for the purposes of their permits upon the particular holdings or upon any holdings within any particular locality in which such permits permit operations and empowering the Under Secretary at his discretion to define and allocate such holdings or localities: Provided that due regard shall be had in all cases to the necessary operations of owners and occupiers of holdings and the necessity for the exemption of certain portions of holdings from the operations of holders of open season fauna permits; (xx.) Prescribing the amount of any penaIty for Penalty, any offence against any regulation p rovided that any such penalty shall not exc<;ed one hundred and fifty pounds ; (xxi.) Prescribing forms under this Act ajnd the Forms, respective purposes for which such forms or forms to the like effect shall be used j (xxii.) Prescribing all matters or things which by General, this Act are required or permitted to be prescribed.

266 P art XII.— G eneral . FAUNA. FaunaConservationAct. 1 E liz . II. No. 13, (2.) The power to make with respect to any fauna, appliances, or any matter or thing whatsoever, any regulation under this Act shall include power to make that regulation so that it may be of general or specially limited application according to time, place, purposes, or circumstances, or otherwise as is prescribed. The power to make regulations with respect to any matter shall include power to make regulations under this section prohibiting that matter either generally or to meet particular cases. The power to make regulations under this Act shall include power to repeal, amend, or otherwise modify any regulation in force at the commencement of this Act and continued in force by virtue of any provision of this Act. (3.) Regulations may be made under this Act at any time after the passing hereof. Frpeouswrpteehrcestrwtoith Coun8c0il. h(a1.s) pWowheenr tuondmerakethiasnyAcOtrdtehre inGoCveorunnocril ionr rOCeorgduuenlracsitliionannsd. rOergduelrastiionn Choeunschial lol r, haavsethpeowcaesre tmoamy abke,e roenguelaotrionmsoares appears to him necessary or expedient in the circumstances, and either at one and the same time or from time to time. (2.) The Governor in Council may by any Order in Council revoke, amend, or otherwise modify any other Order in Council made, or any Order in Council continued in force under, the authority of this Act. Orders in Council may be made under this Act at any time after the passing hereof. (3.) No misnomer, inaccurate description or omission in or from any Order in Council or regulation shall in any wise prevent or abridge the operation of this Act with respect to the subject matter of that misnomer, inaccurate description or omission provided the same is designated so as to be understood. ‘ PtoifounbPslri,coactlaiomna­ regul8a1tio. n( 1m.) aEdeveurnydePrrothcliasmAacttiosnh,alOl— rder in Council, and Orders in Council, and (i.) Be published in the Gazette ; regulations.

1952. FAUNA. FaunaConservationAct. ,267 P art XII.— G eneral . (ii.) Upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contaihed therein; (iii.) Take effect from the date of such publication unless, in the case of any such Order in Council or regulation, a later date is specified in that or any other Order in Council or, as the case may be, regulation for its commencement when in such event it shall take effect from that later date ; and (iv.) Be laid before Parliament within fourteen sitting days after such publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2.) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council, or regulation has been laid before Parliament disallowing such Proclamation, Order in Council, or regulation or part thereof, that Proclamation, Order in Council, or regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation or regulation. (3.) In this section the term “ sitting days ” means days upon which Parliament actually sits for the despatch of business. S chedule . Permanently Protected Fauna. Vernacular Name. Koala (commonly known as “ Native Bear ”) Scientific Name. Phaseolarctus Platypus Ornithorhynehus Echidna (commonly known as “ Porcupine ”) Tachyglossus S chedule . fSection 14 (1).] FERTILISERS. See A griculture , sub - title A gricultural S tandards .