Untitled document

Wildlife (Amendment) Act 1997

Act No. 87/1997

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	1

PART 2—AMENDMENTS TO THE WILDLIFE ACT 1975 3

3.	Principal Act	3
4.	Insertion of new section 1A	3

1A. Purposes 3

5.	Definitions	3
6.	Repeal of sections 4, 4A, 5, 6 and 7	5
7.	Interference with flow of water in State Wildlife Reserve etc.	5
8.	Wildlife licences	5
9.	Game licences	6
10.	Circumstances in which Secretary may refuse to issue or renew a
licence	8
11.	Surrender of licence	9
12.	Insertion of new sections 25A to 25E and repeal of section 26	9

25A.	Mandatory cancellation of licences	9
25B.	Power of Secretary to suspend licence	10
25C.	Making submissions on suspension	11
25D.	Power of the Secretary to cancel a licence	11

13.	Insertion of new Part IIIA	12
PART IIIA—AUTHORISATIONS	12

28A.	Authorisation to take etc. wildlife	12
28B.	Offence of failing to comply with conditions of
authorisation	14
28C.	Duration and renewal of authorisation	14
28D.	Suspension of authorisation	14
28E.	Making submissions on suspension	15
28F.	Cancellation of authorisation	16

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Section Page

14. Substitution of sections 41 to 47 16

41.	Hunting, taking or destroying endangered wildlife	17
42.	Hunting, taking or destroying notable wildlife	17
43.	Hunting, taking or destroying protected wildlife	18
44.	Hunting, taking or destroying game	18
45.	Acquiring etc. endangered wildlife	19
46.	Acquiring etc. notable wildlife	20
47.	Acquiring etc. protected wildlife	21
47A.	Exemptions from sections 41, 42, 43, 44, 45, 46 and 47	22
47B.	Declaration of endangered and notable wildlife	22
47C.	Employees of licence holders	22
47D.	Wildlife unlawfully taken	23
47E.	Exemption from definition of prohibited person in
Firearms Act 1996	23

15. Insertion of new sections 48 to 48C 24

48.	Offence for dogs or cats to attack etc. wildlife	24
48A.	Seizure of dogs or cats	24
48B.	Owner to be notified	25
48C.	Recovery or disposal of animal	25

16.	Import and export permits	25
17.	Interference with marks on wildlife	26
18.	Increase in penalty for poisoning wildlife	27
19.	Molesting etc. protected wildlife	27
20.	Insertion of new sections 58A to 58E	27

58A.	Keeping false records	27
58B.	Providing false information	27
58C.	Offence for certain persons to enter on or remain in
specified hunting area	28
58D.	Offence to approach a person who is hunting	29
58E.	Hindering or obstructing hunting	29

21.	Powers of authorised officers	29
22.	Insertion of new sections 59A to 59F	31

59A.	Searches of personal property	31
59B.	Searches of vehicles and boats	32
59C.	Search warrant for evidence of offence	33
59D.	Announcement before entry	35
59E.	Copy of warrant to be given to occupier	35
59F.	Occupier entitled to be present during search	36

23.	Powers of seizure	36
24.	Insertion of new sections 60B to 60E	37

60B.	Requirements as to taking samples, seizing	38
60C.	Samples	38
60D.	Retention notices	38
60E.	Evidentiary provisions relating to retention notices	39

25.	Directions of authorised officer	40
26.	Insertion of new sections 63, 64 and 65	41

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Section Page

63.          Authorised officers do not commit offences in certain

circumstances 41
64.	Statements of the Secretary as evidence 41
65.	Eggs presumed to be endangered wildlife 42

27.	Simplification of proof	42
28.	Amendment of section 70	42
29.	Insertion of new sections 70A	43

70A. Disposal of seized things 43

30.	Whales—Definitions	44
31.	Whales—Offences	44
32.	Permit to carry out tourist activities	44
33.	Conditions of permits	45
34.	Offence to breach conditions of permit	46
35.	Insertion of new sections 81 to 81D	46

81.	Power of authorised officer to give directions	46
81A.	Variation of permits	46
81B.	Suspension of permits	47
81C.	Making submissions on suspension	47
81D.	Power of Secretary to cancel permit	48

36.	Whales—Public notices	49
37.	Repeal of section 83	50
38.	Regulations	50
39.	Insertion of new sections 86B and 86C	51

86B.	Time for bringing proceedings	51
86C.	Review of decisions	51

40.	Regulations	52
41.	Insertion of new Part XII	55
PART XII—TRANSITIONAL	55

88.	Permits and authorities	55
89.	Conditions on licences etc.	56

42. Consequential amendments 56

PART 3—AMENDMENTS TO THE CONSERVATION, FORESTS

AND LANDS ACT 1987 57

43.	Principal Act	57
44.	Appointment of authorised officers	57
45.	Insertion of new section 88A	57

88A. Certificates of identification 57

__________________

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Section	Page
SCHEDULE—Consequential Amendments to the Wildlife Act 1975	59

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NOTES 66

iv

Victoria

No. 87 of 1997

Wildlife (Amendment) Act 1997†

[Assented to 2 December 1997]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to make various
amendments to the Wildlife Act 1975 and the

Conservation, Forests and Lands Act 1987.

2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal
Assent.

Wildlife (Amendment) Act 1997

Act No. 87/1997 s. 2

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 July 1998, it
comes into operation on that day.

_______________
Wildlife (Amendment) Act 1997

s. 3 Act No. 87/1997

PART 2—AMENDMENTS TO THE WILDLIFE ACT 1975

No 8699.	3. Principal Act
Reprint No. 5
as at 14
November	In this Part the Wildlife Act 1975 is called the
1996. Further	Principal Act.
amended by Act Nos 70/1990, 92/1995, 35/1996 and 66/1996.

4. Insertion of new section 1A

After section 1 of the Principal Act insert—

"1A. Purposes

The purposes of this Act are—

(a) to establish procedures in order to promote—

(i)  the protection and conservation of wildlife; and

(ii)  the prevention of taxa of wildlife from becoming extinct; and

(iii)  the sustainable use of and access to wildlife; and

(b)

to prohibit and regulate the conduct of concerning or related to wildlife.".

5. Definitions

(1) In section 3(1) of the Principal Act—

(a) insert the following definitions—
' "endangered wildlife" means wildlife

declared by proclamation of the
Governor in Council under section
47B(1) to be endangered wildlife;

Wildlife (Amendment) Act 1997

Act No. 87/1997 s. 5

"firearm" has the same meaning as in the

Firearms Act 1996;

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

"member of the police force" has the same

meaning as "member of the force" in
the Police Regulation Act 1958;

"notable wildlife" means wildlife declared

by proclamation of the Governor in Council under section 47B(2) to be notable wildlife;

"Secretary" means the body corporate

established by Part 2 of the
Conservation, Forests and Lands
Act 1987;

"specified hunting area" means an area

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

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

taking of wildlife;

"taxon" means any species, sub-species,

hybrid, genetic grouping or other taxonomic group of any rank into which organisms are categorised;

"wildlife licence" means a wildlife licence issued under section 22;';

(b)	the definition of "Director-General" is repealed; and
(c)	in paragraph (i) of the definition of "protected wildlife", for "if a pest animal" substitute "is a pest animal"; and

Wildlife (Amendment) Act 1997

s. 6 Act No. 87/1997

(d) in paragraph (a) of the definition of "wildlife" after "waters" insert ", whether or not it occurs elsewhere".

(2) In section 3(4) of the Principal Act—

(a) after "organs," insert "blood, tissue"; and
(b) after "eggs" insert "or any part of the eggs".

(3) After section 3(4) of the Principal Act, insert— "(5) The Governor in Council may, by

proclamation published in the Government Gazette, declare any taxon of animal to be wildlife for the purposes of this Act.".

6. Repeal of sections 4, 4A, 5, 6 and 7

Sections 4, 4A, 5, 6 and 7 of the Principal Act are repealed.

7.  Interference with flow of water in State Wildlife Reserve etc.

In section 21(2) of the Principal Act, after "Any person" insert ", other than a person authorised under the Water Act 1989 to do so,".

8. Wildlife licences

(1) In section 22 of the Principal Act, for sub-sections

(1) and (2) substitute—
"(1) The Secretary may licence a person to do all

or any of the following—

(a) take or destroy wildlife;

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

(2) In section 22(3) of the Principal Act—

(a) in paragraph (b), for sub-paragraph (ii) substitute—

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Act No. 87/1997 s. 9

"(ii) that the Secretary imposes on the

licence or on that category of licence;
and"; and

(b) at the end of paragraph (b) insert— "(c) is subject to the condition that the

holder of the licence must allow
inspection by an authorised officer, at
any reasonable time, of any dwelling
house specified in the licence for the
purpose of monitoring compliance with
this Act, the regulations or the
conditions of the licence.".

(3) In section 22 of the Principal Act, after sub- section (3) insert—

"(3A) If the regulations vary the conditions,

limitations or restrictions on wildlife licences
or a category of wildlife licences, the
variation has effect, in relation to a wildlife
licence in force at the time the regulation is
made, upon the Secretary giving notice of
the variation to the holder of the licence.".

(4) In section 22(6) of the Principal Act, for "50

penalty units" substitute "100 penalty units".

9. Game licences

(1) In section 22A of the Principal Act, for sub-

section (1) substitute—
"(1) The Secretary may licence a person to hunt,

take or destroy game.".

(2) In section 22A of the Principal Act, after sub- section (4) insert—

"(4A) Despite anything to the contrary in any other

Act, if the Secretary thinks fit, a game licence is subject to the condition that the holder of the licence must take part in a

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s. 9 Act No. 87/1997

ballot, in accordance with the regulations, in
order to determine the entitlements of the
holder to take game specified under that
licence.

(4B) If the regulations vary the conditions,

limitations or restrictions on game licences
or a category of game licences, the variation
has effect, in relation to a game licence in
force at the time the regulation is made, upon
the Secretary giving notice of the variation to
the holder of the licence.".

(3) In section 22A(5) of the Principal Act, at the end of paragraph (c) insert—

"; or

(d)	the applicant is already the holder of a licence under this section; or
(e)	the applicant has failed any prescribed test about the identification of that taxon of wildlife in respect of which the licence is to be issued.".

(4) In section 22A(7) of the Principal Act—

(a) after "cancelled" insert "or surrendered"; and

(b) for "three years" substitute "5 years".

(5) In section 22A of the Principal Act, after sub- section (7) insert—

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

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

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Act No. 87/1997 s. 10

(b)	the applicant has been found guilty of an offence against this Act or the regulations; or
(c)	the applicant has failed to comply with this Act, the regulations or the conditions of his or her licence.
(7B) Upon application made in writing and upon	payment of any additional prescribed fee, the under this section in any respect and, as from the date of the variation, the licence is deemed to have been granted as so varied.

(7C) In considering an application under sub- section (7B) the Secretary may refuse to grant the application if the Secretary is

satisfied that any of the grounds set out in
sub-section (5)(a), (b), (c) or (e) applies.

(7D) A person who is not a natural person is not

eligible to seek the issue of or to be granted a
licence under this section.".

10.  Circumstances in which Secretary may refuse to issue or renew a licence

In section 23(1) of the Principal Act—

(a) for paragraph (b) substitute— "(b) the premises specified in the

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

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

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

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s. 11	Act No. 87/1997
(iii) in the case of a private wildlife licence, are not premises at which the applicant resides;"; and

(b) for paragraph (e) substitute— "(e) the applicant has been found guilty of

an offence against this Act or a

corresponding previous enactment; or

(f)	the applicant is already the holder of a wildlife licence; or
(g)	the applicant has failed to comply with this Act, the regulations or the conditions of his or her licence.".

11. Surrender of licence

In section 25(1) of the Principal Act, for "or suspended" substitute ", suspended or surrendered".

12.  Insertion of new sections 25A to 25E and repeal of section 26

(1) After section 25 of the Principal Act insert—

"25A. Mandatory cancellation of licences

(1) The Secretary must cancel a licence issued

under this Part if the Secretary is satisfied on
reasonable grounds that the holder
knowingly provided false or misleading
information with the application.

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

(a)	notify the holder in writing that it is proposed to cancel the licence; and
(b)	allow the holder 14 days within which to make oral or written submissions about the proposal.

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Act No. 87/1997 s. 12

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

(a) have regard to the submissions; and
(b) notify the holder of the decision.

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

(a)	cancel any other licence issued to that person under this Act; and
(b)	specify a time within which the person may not apply for another licence under this Act.

25B. Power of Secretary to suspend licence

(1) The Secretary may suspend a licence, by

notice in writing given to the holder of the
licence, if the Secretary is satisfied, on
reasonable grounds, that—

(a)	the holder of the licence has been found guilty of an offence against this Act; or
(b)	the holder of the licence has breached a condition of the licence.

(2) A suspension under this section has effect—

(a)	from the time specified in the notice given under sub-section (1), which must be after the day on which the notice is given; and
(b)	subject to section 25C, for the period (not exceeding 90 days) specified in the notice.

(3) The custody, care and management of any

wildlife held under a licence which has been
suspended under this section must be dealt
with in accordance with the directions of the
Secretary.

Wildlife (Amendment) Act 1997

s. 12 Act No. 87/1997

25C. Making submissions on suspension

(1) Immediately on suspending a licence, the

Secretary must allow the holder of the licence an opportunity to make written submissions.

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

(3) On receiving any submissions under sub- section (2), the Secretary must review the decision to suspend the licence, and in doing

so must have regard to the submissions and

may decide—

(a) not to revoke or amend the suspension; or

(b) to revoke or amend the suspension. (4) The Secretary must notify the holder of the

licence of the outcome of the review.

25D. Power of the Secretary to cancel a licence

(1) The Secretary may cancel a licence if the

Secretary is satisfied, on reasonable grounds, that—

(a)	the holder of the licence has been found guilty of an offence against this Act; or
(b)	the holder of the licence has breached a condition of the licence.

(2) Before cancelling a licence the Secretary

must—

(a)	notify the holder that he or she proposes to cancel the licence; and
(b)	allow the holder of the licence an opportunity to make either oral or written submissions.

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Act No. 87/1997 s. 13

(3) Submissions under sub-section (2) must be

made within the period specified in the
notice.

(4) In making a decision as to whether or not to cancel a licence, the Secretary must—

(a)	have regard to any submissions made under sub-section (2) within the period specified in the notice; and
(b)	must notify the holder of his or her decision.

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

notice is given.

(6) Any wildlife held under a licence which has

been cancelled under this section must be
disposed of in accordance with the directions
of the Secretary.".

(2) Section 26 of the Principal Act is repealed.

13. Insertion of new Part IIIA

After Part III of the Principal Act insert—

"PART IIIA—AUTHORISATIONS

28A. Authorisation to take etc. wildlife

(1) The Secretary may give written authorisation

to a person to do all or any of the
following—

(a) hunt, take or destroy wildlife;

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

experiment on wildlife—

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s. 13 Act No. 87/1997

if he or she is satisfied that the authorisation

is necessary—

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

education about wildlife, research into wildlife or scientific or other study of wildlife; or

(e) for aboriginal cultural purposes; or

(f)	for the purposes of enabling the care, treatment or rehabilitation of sick, injured or orphaned wildlife; or
(g)	for the purposes of ensuring the health or safety of any person or class of persons; or
(h)	to support a recognised wildlife management plan; or

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

of that suspension.

(2) An authorisation is subject to any conditions,

limitations or restrictions placed on that
authorisation or that category of
authorisation—

(a) by the Secretary; or
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Act No. 87/1997 s. 13

(b) by the regulations.

(3) An authorisation is subject to the condition

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

(4) A person seeking the issue of an

authorisation must—

(a)

apply to the Secretary for the and

(b)

provide any information required by the application; and

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

28B. Offence of failing to comply with conditions

of authorisation

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

Penalty: 50 penalty units.

28C. Duration and renewal of authorisation

(1) An authorisation, unless sooner cancelled or suspended, continues in force for that period, not exceeding 3 years, that is specified in the authorisation.

(2) An authorisation may be renewed.

28D. Suspension of authorisation
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s. 13 Act No. 87/1997

(1) If the Secretary is satisfied that there are

reasonable grounds to do so, the Secretary may suspend an authorisation, by notice in writing given to the holder of an

authorisation.

(2) A suspension under this section has effect—

(a) from the time specified in the notice under sub-section (1), which must be after the day on which the notice is

given; and

(b) subject to section 28E, for the period (not exceeding 90 days) specified in the notice.

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

directions of the Secretary.

28E. Making submissions on suspension

(1) Immediately on suspending an authorisation,

the Secretary must allow the holder of the
authorisation an opportunity to make written
submissions.

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

(3) On receiving any submissions under sub- section (2), the Secretary must review the decision to suspend the authorisation, and in

doing so must have regard to the

submissions and may decide—

(a) not to revoke or amend the suspension; or

(b) to revoke or amend the suspension.

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Act No. 87/1997 s. 14

(4) The Secretary must notify the holder of the

authorisation of the outcome of the review.

28F. Cancellation of authorisation

(1) If the Secretary is satisfied that there are

reasonable grounds to do so, the Secretary
may cancel an authorisation.

(2) Before cancelling an authorisation the Secretary must—

(a)	notify the holder that it is proposed to cancel the authorisation; and
(b)	allow the holder of the authorisation an opportunity to make either oral or written submissions.

(3) Submissions under sub-section (2) must be

made within the period specified in the
notice.

(4) In making a decision as to whether or not to cancel an authorisation, the Secretary must—

(a) have regard to any submissions made under sub-section (2) within the period specified in the notice; and

(b) must notify the holder of the decision.
(5) A cancellation under this section has effect

from the time specified in the notice under

sub-section (4).

(6) Any wildlife held under an authorisation

which has been cancelled under this section must be disposed of in accordance with the directions of the Secretary.".

14. Substitution of sections 41 to 47

Wildlife (Amendment) Act 1997
Act No. 87/1997

For sections 41 to 47 of the Principal Act substitute—

'41. Hunting, taking or destroying endangered

wildlife

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

Penalty:  240 penalty units or 24 months

imprisonment or both the fine and
imprisonment and an additional
penalty of 20 penalty units for
every head of wildlife in respect
of which an offence has been

committed.

(2) Sub-section (1) does not apply to a person—

(a) authorisation which authorises the

who is the holder of a licence or endangered wildlife; and

(b) who is acting in accordance with the licence or authorisation.

42.  Hunting, taking or destroying notable wildlife

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

Penalty:  120 penalty units or 12 months
imprisonment or both the fine and
imprisonment and an additional
penalty of 10 penalty units for
every head of wildlife in respect
of which an offence has been
committed.

Wildlife (Amendment) Act 1997

s. 14
s. 14

Act No. 87/1997

(2) Sub-section (1) does not apply to a person—

(a)	who is the holder of a licence or authorisation which authorises the hunting, taking or destroying of notable wildlife; and
(b)	who is acting in accordance with the licence or authorisation.

43.  Hunting, taking or destroying protected wildlife

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

Penalty:  50 penalty units or 6 months

imprisonment or both the fine and
imprisonment and an additional
penalty of 5 penalty units for
every head of wildlife in respect
of which an offence has been

committed.

(2) Sub-section (1) does not apply to a person—

(a)	who is the holder of a licence or authorisation which authorises the hunting, taking or destroying of other protected wildlife; and
(b)	who is acting in accordance with the licence or authorisation.

(3) In this section "other protected wildlife"

means protected wildlife which is not
endangered or notable wildlife or game.

44. Hunting, taking or destroying game

(1) During the close season for a taxon of game

a person must not hunt, take or destroy any
game of that taxon of game.

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s. 14 Act No. 87/1997

Penalty:  50 penalty units or 6 months
imprisonment or both the fine and
imprisonment and an additional
penalty of 5 penalty units for
every head of game in respect of
which an offence has been
committed.

(2) Sub-section (1) does not apply to a person—

(a)	who is the holder of an authorisation which authorises the hunting, taking or destroying of that taxon of game; and
(b)	who is acting in accordance with the authorisation.

(3) During the open season for a taxon of game a

person must not hunt, take or destroy game
of that taxon of game.
Penalty: 10 penalty units.

(4) Sub-section (3) does not apply to a person—

(a)	who is the holder of a licence or authorisation which authorises the hunting, taking or destroying of that taxon of game; and
(b)	who is acting in accordance with that licence or authorisation.

45. Acquiring etc. endangered wildlife

(1) A person must not buy, sell, acquire, receive,

dispose of, keep, possess, control, breed,
process, display, take samples from or

experiment on endangered wildlife.

Penalty:  240 penalty units or 24 months
imprisonment or both the fine and
imprisonment and an additional

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Act No. 87/1997 s. 14

penalty of 20 penalty units for
every head of wildlife in respect
of which an offence has been

committed.

(2) Sub-section (1) does not apply to a person—

(a) authorisation which authorises the
buying, selling, acquiring, receiving,
disposing of, keeping, possessing,
controlling, breeding, processing,
displaying, taking samples from or

who is the holder of a licence or and

(b) who is acting in accordance with the licence or authorisation.

46. Acquiring etc. notable wildlife

(1) A person must not buy, sell, acquire, receive,

dispose of, keep, possess, control, breed,
process, display, take samples from or

experiment on notable wildlife.

Penalty:  120 penalty units or 12 months
imprisonment or both the fine and
imprisonment and an additional
penalty of 10 penalty units for
every head of wildlife in respect
of which an offence has been
committed.

(2) Sub-section (1) does not apply to a person—

(a) who is the holder of a licence or authorisation which authorises the buying, selling, acquiring, receiving,

Wildlife (Amendment) Act 1997

Act No. 87/1997

disposing of, keeping, possessing, controlling, breeding, processing, displaying, taking samples from or

experimenting on notable wildlife; and

(b) who is acting in accordance with the licence or authorisation.

47. Acquiring etc. protected wildlife

(1) A person must not buy, sell, acquire, receive,

dispose of, keep, possess, control, breed,
process, display, take samples from or
experiment on other protected wildlife.

Penalty: 50 penalty units or 6 months

imprisonment or both the fine and
imprisonment and an additional
penalty of 5 penalty units for
every head of wildlife in respect
of which an offence has been

committed.

(2) Sub-section (1) does not apply to a person—

(a) authorisation which authorises the
buying, selling, acquiring, receiving,
disposing of, keeping, possessing,
controlling, breeding, processing,
displaying, taking samples from or

who is the holder of a licence or wildlife; and

(b) who is acting in accordance with the licence or authorisation.

(3) In this section "other protected wildlife"

means protected wildlife which is not
endangered or notable wildlife.

Wildlife (Amendment) Act 1997

s. 14
s. 14

Act No. 87/1997

47A. Exemptions from sections 41, 42, 43, 44, 45,

46 and 47

Sections 41, 42, 43, 44, 45, 46 and 47 do not apply to any person or class of persons exempted by the regulations from the operation of all or any of the sections.

47B. Declaration of endangered and notable

wildlife

(1) The Governor in Council may, by

(2) The Governor in Council may, by	proclamation published in the Government wildlife to be endangered wildlife.
proclamation published in the Government wildlife to be notable wildlife.

47C. Employees of licence holders

(1) Sections 41, 42, 43, 45, 46 and 47 do not

apply to the taking, destroying, buying,
selling, acquiring, receiving, disposing of,
keeping, possessing, controlling, breeding,
processing or displaying of or taking samples
from or experimenting on any taxon of
wildlife by an employee of the holder of a
licence if that taking, destroying, buying,
selling, acquiring, receiving, disposal,
keeping, possessing, controlling, breeding,
processing, displaying, taking samples from
or experimenting on is in accordance with
the licence and this Act.

(2) If an employee of the holder of a licence

engages in conduct on behalf of the licence
holder within the scope of the employee's

Wildlife (Amendment) Act 1997
Act No. 87/1997

actual or apparent authority, the licence holder is deemed, for the purposes of a prosecution for an offence against this Act or

the regulations, also to have engaged in the
conduct, unless the licence holder establishes
that the licence holder took reasonable
precautions and exercised due diligence to

avoid the conduct.

47D. Wildlife unlawfully taken

(1) A person must not have wildlife in his or her possession or control if that wildlife has been taken, destroyed, acquired, received, bought, sold, disposed of, kept, possessed,

controlled, bred, processed or displayed in
contravention of this Act or any
corresponding law of another State or a

Territory of the Commonwealth.

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

(2) It is a defence to a charge brought under sub- section (1) against a person to prove that the person took reasonable steps to ascertain and reasonably believed that the wildlife was not unlawfully taken, destroyed, acquired,

received, bought, sold, disposed of, kept, possessed, controlled, bred, processed or displayed.

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

Despite anything to the contrary in the Firearms Act 1996, a person, in relation to whom not more than 12 months have expired since that person was found guilty by a court of an offence against section 41, 42, 43 or 44(1), is deemed not to be a prohibited person (within the meaning of that Act)

Wildlife (Amendment) Act 1997

s. 15
s. 15

Act No. 87/1997

unless the Court, upon that finding of guilt, imposed a term of imprisonment (within the meaning of that Act).'.

15. Insertion of new sections 48 to 48C

For section 48 of the Principal Act substitute—

"48. Offence for dogs or cats to attack etc.

wildlife

(1) If a dog or cat rushes at, attacks, bites,

worries or chases wildlife while at large on
public land, the owner is guilty of an offence
and liable, upon conviction, to a penalty of
not more than 25 penalty units.

(2) Sub-section (1) does not apply to dogs pursuing game birds or sambar deer in accordance with regulations made under this

Act.

(3) An authorised officer may destroy any dog or cat found in circumstances in which the authorised officer reasonably believes that an

offence under this section is being

committed.

48A. Seizure of dogs or cats

(1) An authorised officer may seize a dog or cat

which is found at large on any public land
which is—

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

a Wildlife Management Co-operative under Part V; or

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

Wildlife (Amendment) Act 1997

s. 16 Act No. 87/1997

(2) If reasonable attempts have been made to

seize a dog or cat found at large in
circumstances in which sub-section (1)
applies, and the dog or cat has not been
seized, an authorised officer may destroy the
dog or cat.

(3) An authorised officer who seizes a dog or cat

must, as soon as is reasonably possible, deliver it to an authorised officer of the Council of the municipal district in which

the animal is found.

48B. Owner to be notified

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

(2) A notice under this section must be in

writing and must be delivered either
personally or by post within 4 days after the
animal is seized.

48C. Recovery or disposal of animal

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

the Council within 8 days of the seizure of
that animal.

(2) If the dog or cat is not recovered by its

owner within 8 days of seizure, the Council
may sell or destroy it.".

16. Import and export permits

(1) In section 50(1) of the Principal Act, for "50
penalty units" substitute "100 penalty units".

Wildlife (Amendment) Act 1997

Act No. 87/1997 s. 17

(2) In section 50 of the Principal Act, after sub- section (1) insert—

"(1A) Sub-section (1) does not apply to wildlife

and wildlife products prescribed for the
purposes of this section.".

(3) In section 50(2) of the Principal Act, after "is satisfied" insert ", on the basis of information provided by the applicant,".

(4) In section 50 of the Principal Act, after sub-

section (4) insert—
"(5) A permit is subject to any conditions,

limitations or restrictions imposed on that
permit by the Secretary.

(6) A person to whom a permit under this

section has been granted must comply with
the conditions, limitations and restrictions of
that permit.
Penalty: 100 penalty units.".

17. Interference with marks on wildlife

(1) In section 51 of the Principal Act, for "10 penalty units" substitute "100 penalty units".

(2) At the end of section 51 of the Principal Act

insert—

"(2) A person must not interfere with a mark

which has been placed on protected wildlife
in accordance with this Act, unless that

person is—

(a) an authorised officer; or

(b) acting in accordance with an authority of the Secretary to interfere with marks placed on wildlife.

Penalty: 100 penalty units.".

Wildlife (Amendment) Act 1997

s. 19 Act No. 87/1997

18. Increase in penalty for poisoning wildlife

In section 54(1) of the Principal Act, for "50 penalty units or imprisonment for six months" substitute "100 penalty units or 6 months imprisonment or both the fine and imprisonment".

19. Molesting etc. protected wildlife

(1) In section 58 of the Principal Act, for paragraphs

(a) and (b) substitute—
"(a) wilfully molests or injures protected wildlife

or wilfully causes protected wildlife to be

molested or injured;

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

(2) At the end of section 58 of the Principal Act

insert—
"(2) Sub-section (1) does not apply to any person

acting in accordance with a licence or authorisation issued under this Act.".

20. Insertion of new sections 58A to 58E

After section 58 of the Principal Act insert—

"58A. Keeping false records

If a person, who is the holder of a licence,
permit or authorisation under this Act, is
required by or under this Act or the terms of
that licence, permit or authorisation to make
or keep records, that person must not
knowingly make or keep records that are
inaccurate or false.

Penalty: 120 penalty units.

58B. Providing false information
Wildlife (Amendment) Act 1997

Act No. 87/1997 s. 20

A person must not in or in connection with
an application for a licence, permit or
authorisation under this Act give false or
misleading information.
Penalty: 120 penalty units.

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

(1) During the open season for duck, a person

must not enter on or remain in any specified hunting area at any time in the season which is specified in regulations made under sub-

section (2), unless the person—

(a) is the holder of—

(i)

a game licence authorising the (including duck); and

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

(b)	is an authorised officer or a member of the police force acting in the course of his or her duty; or
(c)	is acting in accordance with the authorisation of the Secretary.

Penalty: 10 penalty units.

(2) The Governor in Council may make

regulations—

(a)	declaring any area to be a specified hunting area; and
(b)	specifying the times during which entry onto the area or remaining in the area is prohibited for the purposes of sub-

section (1).

Wildlife (Amendment) Act 1997

s. 21 Act No. 87/1997

58D. Offence to approach a person who is

hunting

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

(a)

is hunting or taking game birds from the same natural cover as the other person; or

(b)	is supervising the other person in hunting or taking game birds; or
(c)	is an authorised officer or a member of the police force acting in the course of his or her duty; or
(d)	is acting in accordance with the authorisation of the Secretary.

Penalty: 10 penalty units.

58E. Hindering or obstructing hunting

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

Penalty: 20 penalty units.".

21. Powers of authorised officers

(1) In section 59(1) of the Principal Act—

(a) for "any wildlife officer or any officer of the Division authorized in writing by the Minister either generally or in a particular case" substitute "any authorised officer"; and

Wildlife (Amendment) Act 1997

Act No. 87/1997 s. 21

(b) for paragraphs (a) and (b) substitute— "(a) searching the lands, waters, tent,

building or structure and any thing
found at the lands, waters, tent,

building or structure;

(b)	inspecting and taking photographs (including video recordings) of the lands, waters, tent, building or structure
or any thing found at the lands, waters, tent, building or structure;

(ba) with whatever assistance is required, taking and keeping samples of—

(i)  the blood, any bodily fluids or other matter from any wildlife; or

(ii) any other thing—

found at the lands, waters, tent,

building or structure;

(bb) with whatever assistance is required,

mark any wildlife or thing found at the lands, waters, tent, building or structure for the purpose of later being able to
identify it;

(bc) inspecting and making copies of or

taking extracts from any document kept
at the lands, waters, tent, building or
structure;

(bd) seizing any thing found at the lands,

waters, tent, building or structure if the
authorised officer believes on
reasonable grounds that it is necessary
to seize the thing in order to prevent—

(i) its concealment, loss or
destruction; or

Wildlife (Amendment) Act 1997

s. 22 Act No. 87/1997

(ii)

its use in committing, continuing this Act;".

(2) In section 59 of the Principal Act, sub-sections (2) to (4) are repealed.

22. Insertion of new sections 59A to 59F

After section 59 of the Principal Act insert—

"59A. Searches of personal property

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

(a)

inspect and take photographs (including any thing found during the course of the search;

(b) with whatever assistance is required, take and keep samples of—

(i)  the blood, any bodily fluids or other matter from any wildlife; or

(ii) any other thing—

found during the course of the search;

(c)	with whatever assistance is required, mark any wildlife or thing found during the course of the search for the purpose of later being able to identify it;
(d)	inspect and make copies of or take extracts from any document found during the course of the search;

Wildlife (Amendment) Act 1997

Act No. 87/1997	s. 22
(e)	seize any thing found during the course of the search if the authorised officer believes on reasonable grounds that it is necessary to seize the thing in order to prevent—
(i)	its concealment, loss or destruction; or
(ii)

its use in committing, continuing this Act.

59B. Searches of vehicles and boats

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

may do any one or more of the following—

(a)	inspect and take photographs (including video recordings) of the boat or vehicle or any thing found during the course of the search;
(b)	with whatever assistance is required, take and keep samples of—

(i)  the blood, any bodily fluids or other matter from any wildlife; or

(ii) any other thing—

found during the course of the search;

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

Wildlife (Amendment) Act 1997

s. 22 Act No. 87/1997

(d)	inspect and make copies of or take extracts from any document found during the course of the search;
(e)	seize any thing found during the course of the search if the authorised officer believes on reasonable grounds that it is necessary to seize the thing in order to prevent—

(i)	its concealment, loss or destruction; or
(ii)

its use in committing, continuing this Act.

59C. Search warrant for evidence of offence

(1) An authorised officer may apply to a

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

(2) If a magistrate is satisfied by the evidence on

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

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

Wildlife (Amendment) Act 1997

Act No. 87/1997 s. 22

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

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

(a) the offence suspected; and

(b) the premises to be searched; and

(c)	a description of the thing to be searched for; and
(d)	any condition to which the warrant is subject; and
(e)	whether entry is authorised to be made at any time or during stated hours; and
(f)	a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

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

reasonable grounds to be—

(a)	connected with the offence, although not the thing named or described in the warrant; or
(b)	connected with another offence against this Act—

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

Wildlife (Amendment) Act 1997

s. 22 Act No. 87/1997

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

(6) The rules to be observed with respect to

59D. Announcement before entry search warrants set out in the Magistrates' warrants under this section.

(1) Before executing a search warrant, the

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

(2) The authorised officer or a person assisting the authorised officer need not comply with sub-section (1) if he or she believes on

reasonable grounds that immediate entry to
the premises or dwelling-house is required to

ensure—

(a) the safety of any person; or

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

59E. Copy of warrant to be given to occupier

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

(a) identify himself or herself to that person by producing evidence of his or

Wildlife (Amendment) Act 1997

Act No. 87/1997	s. 23
her identity for inspection by that person; and

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

59F. Occupier entitled to be present during

search

(1) If a search warrant is being executed, and the

occupier or a person apparently in charge of the premises in respect of which the warrant is being executed is present at those
premises, the person has a right to observe
the search being conducted.

(2) The right to observe the search being

conducted ceases if the person impedes the
search.".

23. Powers of seizure

In section 60 of the Principal Act, for sub-section
(1) substitute—
"(1) If an authorised officer or member of the

police force believes on reasonable grounds that an offence against this Act has been, is being or is about to be committed, the officer

or member may do all or any of the

following—

(a) seize—

(i)  any thing, the use or possession of which is prohibited by or under this Act in any particular case or under any similar enactment of another State or Territory of the Commonwealth; or

(ii)  any thing which the officer or member reasonably believes has

Wildlife (Amendment) Act 1997

s. 24 Act No. 87/1997

been or is likely to be used in or to

assist in the offence; or

(iii) member reasonably believes has
been taken or held in

any thing which the officer or law of another State or Territory of the Commonwealth;

(b)

inspect and take photographs (including the officer or member believes on reasonable grounds to be involved in the commission of the offence;

(c) with whatever assistance is required, take and keep samples of—

(i)  the blood, any bodily fluids or other matter from any wildlife; or

(ii) any other thing—

which the officer believes on
reasonable grounds to be required to

prove the offence;

(d)	with whatever assistance is required, mark any wildlife or thing which the officer believes, on reasonable grounds,
to be required to prove the offence, for the purpose of later being able to identify it;
(e)	inspect and make copies of or take extracts from any document which the officer or member believes, on reasonable grounds, to be evidence of the commission of the offence.".

24. Insertion of new sections 60B to 60E

After section 60A of the Principal Act insert—

Wildlife (Amendment) Act 1997

Act No. 87/1997 s. 24

"60B. Requirements as to taking samples, seizing

(1) An authorised officer or member of the

police force may not take samples of a thing or seize a thing apparently in the possession of a person unless the officer or member

makes out or tenders to the person a written receipt for the sample taken or thing seized.

(2) If the officer or member is unable to ascertain the identity of the owner or custodian of the thing seized or sampled, the

officer or member must leave a receipt with or post it to the person apparently in charge of the thing seized.

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

60C. Samples

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

(a)	advise the owner, if possible, before taking the sample that it is taken for the purpose of analysis; and
(b)	where, in the opinion of the officer it is reasonably possible, divide the sample into 3 parts and give 1 part to the

owner, 1 part to the analyst and keep 1 part untouched for future comparison.

60D. Retention notices

(1) If an authorised officer or a member of the

police force believes on reasonable grounds
that any thing has been taken or is being held
in contravention of this Act or the law of
another State or a Territory of the

Wildlife (Amendment) Act 1997

s. 24 Act No. 87/1997

Commonwealth, the officer or member may issue the person holding the thing with a notice requiring that person to keep the thing in his or her possession and not to sell or dispose of the thing.

(2) A notice under sub-section (1)—

(a) must be in writing; and

(b)	has effect for the period specified in the notice (which must not be more than 90 days from the issue of the notice); and
(c)	may be cancelled by the person who issued the notice; and
(d)	is subject to any terms and conditions specified in the notice.

(3) If the Secretary is of the opinion that it is

reasonably necessary to do so, the Secretary may extend the period for which a notice has effect under sub-section (2).

(4) If the Secretary extends the period for which

a notice has effect, the Secretary must,
before the expiry of the original extension—

(a)	notify the person to whom the notice is issued of the extension; and
(b)	specify in the notice the period for which the extension is to have effect.

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

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

60E. Evidentiary provisions relating to retention

notices

(1) In any proceedings under section 60D, evidence that a thing, specified in a notice

Wildlife (Amendment) Act 1997

Act No. 87/1997 s. 25

under this section as being in the possession
of a particular person, is no longer in the
possession of that person is evidence, and, in
the absence of evidence to the contrary, is
proof that the person has not complied with
the notice.

(2) In any proceedings under this Act, the fact

that a thing is specified in a notice under
section 60D as being in the possession of a
particular person is evidence, and, in the
absence of evidence to the contrary, is proof
that the thing was in the possession of that
person.".

25. Directions of authorised officer

(1) In section 62(1) of the Principal Act, for "50

penalty units or imprisonment for twelve months
or both" substitute "120 penalty units or 12
months imprisonment or both the fine and
imprisonment".

(2) After section 62(2) of the Principal Act insert— "(3) An authorised officer or member of the

police force who is in the course of
interviewing a person about a matter under
this Act may direct the person to remove all
cartridges from any firearm in his or her
possession.

(4) A person must comply with a direction under sub-section (3).

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

(5) An authorised officer or a member of the police force who believes on reasonable grounds that a person is contravening or failing to comply with section 58C, 58D or

Wildlife (Amendment) Act 1997

s. 26 Act No. 87/1997

58E may direct that person to leave or not to
enter a specified hunting area.

(6) A person must comply with a direction under

sub-section (5).
Penalty: 10 penalty units.".

26. Insertion of new sections 63, 64 and 65

After section 62A of the Principal Act insert—

"63. Authorised officers do not commit offences

in certain circumstances

(1) An act done by—

(a) an authorised officer; or

(b) a member of the police force; or

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

which, but for this sub-section, would
constitute an offence against section 41, 42,
43, 45, 46, 47, 47D, 50, 51 or 76, does not
have that consequence if the act is done
under written instructions given in relation to
a particular case by the Secretary.

(2) The Secretary must not give instructions to an authorised officer under sub-section (1) unless the Secretary is satisfied that the

authorised officer has the appropriate
qualifications, training and experience to
carry out the act in respect of which the

instructions are given.

64.

Statements of the Secretary as evidence under the seal of the Secretary to the effect that—

Wildlife (Amendment) Act 1997

Act No. 87/1997 s. 27

(a)	a specified person was or was not the holder of a licence, authorisation or permit under this Act; or
(b)	a licence, authority or permit under this Act is subject to specified conditions, restrictions or limitations; or
(c)	a premises is the premises specified in a licence under this Act; or
(d)	a specified person was or was not issued with a tag under this Act—

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

65.  Eggs presumed to be endangered wildlife In any proceedings for an offence against this Act it must be presumed that any eggs or

parts of eggs are the eggs or parts of eggs of
endangered wildlife unless the contrary is
proven.".

27. Simplification of proof

In section 68(5)(b) of the Principal Act—

(a)	for "or waters" substitute ", waters or land"; and
(b)	for "is armed with" substitute "carries, uses, controls or possesses".

28. Amendment of section 70

In section 70(1) of the Principal Act, after sub- section (1) insert—

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

Wildlife (Amendment) Act 1997

s. 29 Act No. 87/1997

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

permit or authorisation, the person be required to successfully complete any prescribed test about the identification of that taxon of wildlife in respect of

which a new licence, permit or
authorisation is applied for (whether or
not that person has previously
successfully completed the test).

(1B) If a court makes an order under sub-section (1A), the suspension or cancellation of the licence, permit or authorisation remains in force, despite any other provision of this Act,

until the test has been successfully

completed.".

29. Insertion of new sections 70A

After section 70 of the Principal Act insert—

"70A. Disposal of seized things

(1) If a person is found guilty by a court of an offence against this Act, the regulations or any proclamation made under this Act, the court may, in addition to imposing any other

penalty, order any thing seized under this
Act which relates to that offence to be

Wildlife (Amendment) Act 1997

Act No. 87/1997 s. 30

destroyed or otherwise disposed of in the

manner specified in the order.

(2) The Magistrates' Court may, on the

application of an authorised officer, order
that any thing seized under this Act be
destroyed or otherwise disposed of, if the

Court is satisfied that—

(a)	the owner of the thing cannot be found; or
(b)	in the case of wildlife, the person apparently in possession of the wildlife does not hold a licence, authorisation or permit under this Act to do so.".

30. Whales—Definitions

(1) In section 75(1) of the Principal Act, in the

definition of "interfere", after "or brand" insert
"or approach a whale at a distance that is less than
the prescribed minimum distance".

(2) At the end of section 75 insert—

"(3) Any reference in this Part to a whale or

whales is a reference to a whale or whales in any form whether alive or dead and whether the flesh is raw or cooked or preserved or
processed in any manner whatsoever, and
includes the skin, skeletal material, organs or

any other part of any whale.".

31. Whales—Offences

In section 76(4) of the Principal Act, after
paragraph (a) insert—

"(aa) the action in question was carried out under

the direction of an authorised officer and was
reasonably necessary for the welfare of the

whale;".

32. Permit to carry out tourist activities

Wildlife (Amendment) Act 1997

s. 33 Act No. 87/1997

(1) In section 78(1) of the Principal Act—

(a) for "Upon application made to the Director- General" substitute "Upon application made to the Secretary, and upon payment of the

prescribed fee,"; and

(b) after paragraph (f) insert— "(g) for the purpose of conducting tourist

activities, to interfere with whales to
the extent of approaching whales at less
than the prescribed minimum
distance.".

(2) In section 78 of the Principal Act, after sub- section (3) insert—

"(3A) The Secretary must not grant a permit under sub-section (1)(g) if the Secretary is satisfied that the grant of the permit will adversely

affect a population of a particular taxon of
whale.

(3B) Subject to sub-section (3A), the Secretary may renew a permit under this Part, upon application from the holder of the permit, unless the Secretary is satisfied that—

(a)	the holder has been found guilty of an offence against this Act or the regulations; or
(b)	the holder has failed to comply with this Act, the regulations or the conditions of the permit.

(3C) A person who is not a natural person is not

eligible to apply for or to be granted a permit
under sub-section (1)(g).".

33. Conditions of permits

For section 79(1) of the Principal Act substitute—

Wildlife (Amendment) Act 1997

Act No. 87/1997 s. 34

"(1) A permit under this Part is subject to—

(a)

any conditions, determined by the to in the permit; and

(b)	any conditions that are imposed under sub-section (2); and
(c)	any conditions which are prescribed by regulations made under section 85A for permits of the category to which the

permit belongs.".

34. Offence to breach conditions of permit

In section 80 of the Principal Act, for "25 penalty units" substitute "100 penalty units or 6 months imprisonment or both the fine and imprisonment".

35. Insertion of new sections 81 to 81D

For section 81 of the Principal Act substitute—

"81. Power of authorised officer to give

directions

(1) An authorised officer may direct a person to

cease, immediately, any activity being
carried out under a permit under this Part, if
the authorised officer reasonably believes
that the activity is detrimental to the welfare
of any whale.

(2) A person must comply with a direction given

under sub-section (1).
Penalty: 50 penalty units.

81A. Variation of permits

(1) Upon application made in writing and upon payment of any prescribed fee, the Secretary may vary any permit granted under section

78(1)(d) or (g) in any respect and as from the

Wildlife (Amendment) Act 1997

s. 35 Act No. 87/1997

date of the variation the permit is deemed to

have been granted as so varied.

(2) If the Secretary is of the opinion that a

permit granted under section 78(1)(d) or (g) should be varied, the Secretary may vary the permit.

(3) The variation of a permit under sub-section

(2) has effect upon the Secretary giving
notice of the variation to the holder of the
permit.

81B. Suspension of permits

(1) If the Secretary is satisfied that there are

reasonable grounds to do so, the Secretary may suspend a permit by notice in writing given to the holder of the permit.

(2) A suspension under this section has effect—

(a) from the time specified in the notice under sub-section (1), which must be after the day on which the notice is

given; and

(b) subject to section 80D, for the period (not exceeding 90 days) specified in the notice.

81C. Making submissions on suspension

(1) Immediately upon suspending a permit, the

Secretary must allow the holder of the permit an opportunity to make written submissions.

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

(3) On receiving any submissions under sub- section (2), the Secretary must review the decision to suspend the permit, and in doing

so must have regard to the submissions and

Wildlife (Amendment) Act 1997

Act No. 87/1997 s. 35

may decide to continue, revoke or amend the
suspension.

(4) The Secretary must notify the holder of the

permit of the outcome of the review.
81D. Power of Secretary to cancel permit

(1) The Secretary may cancel a permit under this

Part if the Secretary is satisfied, on reasonable grounds, that—

(a)	the holder of the permit has been found guilty of an offence against this Act; or
(b)	the holder of the permit has breached a condition of the permit; or
(c)	that the act or acts authorised by the permit may adversely affect a population of a particular taxon of whale; or
(d)	where the holder of the permit has been convicted of an offence against a law of the Commonwealth or of a State or a
Territory of the Commonwealth relating to fauna, to the preservation, conservation and protection of whales or to the living natural resources of the continental shelf of Australia.

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

(a)	notify the holder that he or she proposes to cancel the permit; and
(b)	allow the holder of the permit an opportunity to make either oral or written submissions.

(3) Submissions under sub-section (2) must be

made within the period specified in the
notice.

Wildlife (Amendment) Act 1997

s. 36 Act No. 87/1997

(4) In making a decision as to whether or not to

cancel a permit granted under section 78(1)(d) or (g), the Secretary must—

(a)	have regard to any submissions made under sub-section (2) within the period specified in the notice; and
(b)	must notify the holder of his or her decision.

(5) A cancellation of a permit granted under

section 78(1)(d) or (g) has effect from the
time specified in the notice of the Secretary's
decision under sub-section (4), which must
be after the day on which the notice is given.

(6) Any wildlife held under a permit which has

been granted under section 78(1)(d) and
which has been cancelled under this section
must be disposed of in accordance with the
directions of the Secretary.".

36. Whales—Public notices

(1) For section 82(1) of the Principal Act

substitute—

"(1) A person making an application for—

(a)	the grant of a permit under section 78(1)(b), (c), (e) or (f); or
(b)	the variation or revocation of a condition of a permit granted under this Part (other than a permit granted under section 78(1)(d) or (g)); or
(c)	the imposition of a further condition on a permit granted under this Part (other than a permit granted under section 78(1)(d) or (g))—

must publish a notice in accordance with
sub-section (7)—

Wildlife (Amendment) Act 1997

Act No. 87/1997 s. 37

(d)	setting out particulars of the application; and
(e)	inviting interested persons to lodge written comments in respect of the application with the Secretary, not later
than 30 days after the publication of the notice) at a place approved by the

than a specified day (not being earlier paragraph.".

(2) In section 82(4) of the Principal Act—

(a)	after "cancel a permit" insert "granted under section 78(1)(b), (c), (e) or (f);
(b)	for "a condition of a permit" substitute "a condition of such a permit"; and
(c)	for "a further condition of a permit" substitute "a further condition of such a permit".

37. Repeal of section 83

Section 83 of the Principal Act is repealed.

38. Regulations

(1) In section 85A(1) of the Principal Act—

(a) in paragraph (a)—

(i)  after "disturb" insert "or interfere with"; and

(ii)  in sub-paragraph (i), omit "charge of"; and

(b) after paragraph (b) insert—
Wildlife (Amendment) Act 1997

s. 39 Act No. 87/1997

"(c) any other matter or thing which is

authorised or required by this Part to be
prescribed to give effect to this Part.".

(2) In section 85A of the Principal Act, after sub- section (2) insert—

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

officer.".

39. Insertion of new sections 86B and 86C

After section 86A of the Principal Act insert—

"86B. Time for bringing proceedings

Despite section 26 of the Magistrates' Court Act 1989, a proceeding for an offence under section 22, 41, 42, 43, 44, 45, 46, 47, 50, 51, 54, 74E or 80 must be commenced not later than 2 years after the date on which the offence is alleged to have been committed.

86C. Review of decisions

(1) An application may be made to the

Administrative Appeals Tribunal established decision of the Secretary—

under the Administrative Appeals

(a)	to refuse to grant a licence, authorisation or permit under this Act; or
(b)

to refuse to renew a licence, this Act; or

(c)

to suspend or cancel a licence, this Act—

Wildlife (Amendment) Act 1997

Act No. 87/1997 s. 40

or of a failure of the Secretary to make such

a decision within a reasonable time.

(2) An application under sub-section (1) may be

made by—

(a)	in the case of an application for a decision, the person who has made the application; or
(b)	in any other case, the holder of the licence, permit or authorisation which was the subject of the decision or failure to decide.".

40. Regulations

(1) In section 87(1) of the Principal Act—

(a) substitute "and providing for the effective

for "and for preserving good order" good order"; and

(b)	in paragraph (f), after "prescribing" insert "open seasons and"; and
(c)	after paragraph (g) insert— "(ga) prohibiting or regulating the feeding of

wildlife;"; and

(d) omit paragraph (m); and (e) omit paragraph (p); and

(f)	in paragraph (q) omit "(not exceeding $50)"; and
(g)	in paragraph (s), for "and reserves" substitute ", reserves and wildlife management co-operative areas (not on

private land)"; and
(h) in paragraph (t)—

Wildlife (Amendment) Act 1997

s. 40 Act No. 87/1997

(i)  after "upon or adjacent to" insert "or the remaining of persons in, upon or adjacent to"; and

(ii)  after "recognised wildlife habitat" insert ", wildlife management co- operative area or specified hunting area

established under this Act and"; and

(i) after paragraph (t) insert— "(ta) prescribing areas of public land for the

purposes of section 48A;"; and

(j) (k) in paragraph (v)— in paragraph (u), for "or reserve" substitute operative area (not on private land)"; and

(i) wildlife management co-operative area

after "upon any reserve" insert "or this Act"; and

(ii)  for "on any reserve" substitute "on any such reserve or area"; and

(l) after paragraph (v) insert— "(va) prohibiting or regulating—

(i)

the carrying, control, possession equipment; and

(ii)  the control or use of dogs for hunting—

in any sanctuary, reserve or wildlife
management co-operative area (not on
private land) established under this Act
or any other area specified in the
regulations;"; and

Wildlife (Amendment) Act 1997

Act No. 87/1997 s. 40

(m) in paragraph (x) omit "not exceeding $20"; and

(n) after paragraph (ah) insert— "(aha) fees to be charged for permits issued

under Part X and for variations of

permits issued under Part X;

(ahb) ballots under section 22A(4A),
including fees to enter a ballot;

(ahc) prescribing persons or classes of

persons who are exempted from the
operation of sections 41, 42, 43, 44, 45,
46 and 47 and conditions to which any
such exemption is subject;

(ahd) the keeping of records about the taking,

destroying, buying, selling, acquiring,
receiving, disposing of, keeping,
possessing, controlling, breeding,
processing, displaying, taking samples
from or experimenting on wildlife by
persons who are exempt from the
requirement to hold a licence or
authorisation under this Act to do so;".

(2) After section 87(2) of the Principal Act, insert—

"(2A) In fixing fees in any such regulations, the

Governor in Council may provide for all or any of the following matters—

(a) maximum or minimum fees;

(b) maximum and minimum fees;

(c) the reduction, waiver or refund, in whole or in part, of the fees.

(2B) The regulations may provide in specified

cases or classes of cases for the exemption of
persons or things or classes of persons or
things from any of the provisions of the

Wildlife (Amendment) Act 1997

s. 41 Act No. 87/1997

regulations whether unconditionally or on
specified conditions and either wholly or to
such extent as is specified in the

regulations.".

(3) In section 87(7) of the Principal Act, for "or the

Director-General" substitute ", the Secretary, an authorised officer or a person employed under the Public Sector Management Act 1992 in the administration of this Act.".

41. Insertion of new Part XII

After Part XI of the Principal Act insert—

"PART XII—TRANSITIONAL

88.

Permits and authorities this section, a permit or authority which—

(a)	has been given or issued under section 4, 4A, 5, 6 or 7 of this Act as in force immediately before the commencement of section 6 of the Wildlife (Amendment) Act 1997; and
(b)	is in force immediately before the commencement of that section—

is deemed to—

(c)	be an authorisation issued under Part IIIA of this Act and, except as is otherwise provided for in this section, the provisions of Part IIIA apply accordingly; and
(d)	continue in force, unless sooner suspended or cancelled in accordance with the provisions of Part IIIA, until the date on which the permit or authority would have expired if the

Wildlife (Amendment) Act 1997

Act No. 87/1997	s. 42
Wildlife (Amendment) Act 1997 had not been enacted.

89.

Conditions on licences etc. section—

(a) a wildlife licence—

(i) in force immediately before the
commencement of section 8 of the

given or issued under this Act as and

(ii)

which is in force immediately section—

is deemed to be subject to the condition

set out in section 22(3)(c);

(b) any authority to which section 88 applies is deemed to be subject to the condition set out in section 28A(4).".

42. Consequential amendments

The Principal Act is amended as set out in the

Schedule.

_______________
Wildlife (Amendment) Act 1997

s. 43 Act No. 87/1997

PART 3—AMENDMENTS TO THE CONSERVATION,

FORESTS AND LANDS ACT 1987

Act No.

41/1987.	43. Principal Act
Reprint No. 3
as at 28 July	In this Part, the Conservation, Forests and
1997.	Lands Act 1987 is called the Principal Act.

44. Appointment of authorised officers

In section 83(2) of the Principal Act, for
paragraph (a) substitute—

"(a) for the purposes of all or any relevant laws;

and".

45. Insertion of new section 88A

After section 88 of the Principal Act insert—

'88A. Certificates of identification

(1) In any legal proceedings for an offence

against a relevant law, the production of a
certificate purporting to be signed by a
qualified person with respect to any analysis,
examination or investigation made by that
person, is, without—

(a)	proof of the signature of the person appearing to have signed the certificate; and
(b)	proof that the person appearing to have signed the certificate is a qualified person—

evidence and, in the absence of evidence to
the contrary given in accordance with this
section, proof of the facts and matters
contained in it.

(2) A copy of the certificate must be served on

the defendant at least 14 days before the
hearing.

Wildlife (Amendment) Act 1997

Act No. 87/1997 s. 45

(3) If the defendant requires the qualified person

to attend as a witness, the defendant must
give notice that he or she requires the
witness to attend.

(4) A notice under sub-section (3)—

(a) must be in writing; and

(b) must be given at least 7 days before the hearing to the qualified person and to the person who filed the charge; and

(c) may be given personally or by post.

(5) Service of a copy of the certificate for the

purposes of this section may be effected and

proved—

(a)	in any manner in which service of a summons may be effected and proved; or
(b)	where the certificate was served with the summons and proof of service of the summons is by affidavit, by stating
in the affidavit that a copy of the certificate was served with the summons.

(6) In this section—

"qualified person" means a person who has

been approved by the Secretary, in
writing, as a person qualified to
conduct an analysis, examination or
investigation to which this section
relates.'.

__________________
Wildlife (Amendment) Act 1997

Sch. Act No. 87/1997

SCHEDULE

CONSEQUENTIAL AMENDMENTS TO THE WILDLIFE

ACT 1975

1. In section 3—

(a)	in the definition of "close season", for "species" (wherever occurring) substitute "taxon"; and
(b)	in the definition of "controlled wildlife", for "species" substitute "taxon"; and
(c)	in the definition of "game", for "species" substitute "taxon"; and
(d)	in the definition of "open season", for "species" (wherever occurring) substitute "taxon"; and
(e)	in the definition of "protected wildlife", for "species" substitute "taxon"; and
(f)	in the definition of "wildlife", for "species" (wherever occurring) substitute "taxon".

2. In section 7A—

(a)	in sub-section (1), for "species" (wherever occurring) substitute "taxon"; and
(b)	in sub-section (2), for "species" substitute "taxon"; and
(c)	in sub-section (3), for "Director-General" (wherever occurring) substitute "Secretary".

3. In section 11, for "Director-General" substitute "Secretary".

4. In section 12—

(a)	in sub-section (1), for "Director-General" substitute "Secretary"; and
(b)	in sub-section (2), for "Director-General" substitute "Secretary".

5. In section 13, for "Director-General" substitute "Secretary".

6.  In section 14, for "Director-General" (wherever occurring) substitute "Secretary".

7. In section 15—

Wildlife (Amendment) Act 1997

Act No. 87/1997 Sch.

(a)	in sub-section (1), for "Director-General" substitute "Secretary"; and
(b)	in sub-section (3), for "Director-General" substitute "Secretary".

8. In section 16—

(a)	in sub-section (1), for "Director-General" substitute "Secretary"; and
(b)	in sub-section (2), for "Director-General" substitute "Secretary".

9. In section 16A—

(a)	in sub-section (1), for "Director-General" substitute "Secretary"; and
(b)	in sub-section (2), for "Director-General" substitute "Secretary"; and
(c)	in sub-section (3), for "Director-General" (wherever occurring) substitute "Secretary".

10. In section 17, for "Director-General" substitute "Secretary".

11. In section 18—

(a)	in sub-section (1), for "Director-General" (wherever occurring) substitute "Secretary"; and
(b)	in sub-section (2), for "Director-General" substitute "Secretary".

12. In section 19, for "Director-General" substitute "Secretary".

13. In section 21—

(a)	in sub-section (1), for "Director-General" substitute "Secretary"; and
(b)	in sub-section (2), for "Director-General" substitute "Secretary"; and
(c)	in sub-section (3), for "Director-General" substitute "Secretary".

14.  In section 22(4), for "Director-General" substitute "Secretary".

15. In section 22A—

(a) in sub-section (2), for "Director-General" substitute "Secretary"; and

Wildlife (Amendment) Act 1997

Sch. Sch. Act No. 87/1997

(b)	in sub-section (3), for "Director-General" (wherever occurring) substitute "Secretary"; and
(c)	in sub-section (4), for "species" substitute "taxon"; and

(d) in sub-section (5)—

(i) for "Director-General" (wherever occurring)
substitute "Secretary"; and

(ii) for "species" substitute "taxon"; and

(e)	in sub-section (6), for "Director-General" substitute "Secretary"; and
(f)	in sub-section (9), for "Director-General" substitute "Secretary".

16. In section 23—

(a) in sub-section (1)—

(i) for "Director-General" (wherever occurring)
substitute "Secretary"; and

(ii) for "species" substitute "taxon"; and

(b) in sub-section (2), for "Director-General" substitute "Secretary".

17. In section 25—

(a)	in sub-section (2), for "Director-General" substitute "Secretary"; and
(b)	in sub-section (3), for "Director-General" substitute "Secretary"; and
(c)	in sub-section (4), for "Director-General" substitute "Secretary".

18. In section 29—

(a) for "Director-General" (wherever occurring)
substitute "Secretary"; and

(b) in paragraph (i), for "species" substitute "taxon".

19. In section 32—

Wildlife (Amendment) Act 1997

Act No. 87/1997

(a) in sub-section (1), for "species" substitute "taxon"; and

(b) in sub-section (3)—

(i) for "Director-General" substitute "Secretary";
and

(ii) for "species" substitute "taxon"; and

(c) in sub-section (4), for "Director-General" substitute "Secretary".

20. In section 33—

(a)	in sub-section (1), for "species" substitute "taxon"; and
(b)	in sub-section (3), for "Director-General" substitute "Secretary"; and
(c)	in sub-section (4), for "Director-General" substitute "Secretary".

21. In section 34—

(a)	in sub-section (2), for "Minister of Water Supply" substitute "Minister administering the Water Act 1989"; and
(b)	in sub-section (4), for "Director-General" substitute "Secretary".

22.  In section 35(2), for "Director-General" substitute "Secretary".

23. In section 46, for "Director-General" substitute "Secretary".

24.  In section 49(1), for "species" (wherever occurring) substitute "taxon".

25. In section 50—

(a) in sub-section (1), for "Director-General" substitute "Secretary"; and

(b) in sub-section (2)—

(i) for "Director-General" (wherever occurring)
substitute "Secretary"; and

(ii)  in paragraph (d), for "species" substitute "taxon"; and

(iii)  in paragraph (e), for "species" substitute "taxon"; and

Wildlife (Amendment) Act 1997

Sch. Sch. Act No. 87/1997

(c) in sub-section (3), for "Director-General" substitute "Secretary".

26. In section 51, for "Director-General" substitute "Secretary".

27. In section 52—

(a) for "Director-General" substitute "Secretary"; and

(b) for "species" (wherever occurring) substitute "taxon".

28. In section 53, for "Director-General" substitute "Secretary".

29. In section 54(2)—

(a) for "Director-General" substitute "Secretary"; and

(b) for "Director-General's" substitute "Secretary's".

30. In section 55, for "Director-General" substitute "Secretary".

31.  In section 56(3), for "Director-General" substitute "Secretary".

32.  In section 59(1)(g), for "Director-General" substitute "Secretary".

33.  In section 62A, for "Director-General" substitute "Secretary".

34.  In the definition of "animal" in section 71(1), for "species" substitute "taxon".

35. In section 73—

(a)	in sub-section (2), for "Director-General" (wherever occurring) substitute "Secretary"; and
(b)	in sub-section (2A), for "Director-General" substitute "Secretary".

36. In section 74—

(a)	in sub-section (2), for "Director-General" (wherever occurring) substitute "Secretary"; and
(b)	in sub-section (3), for "Director-General" substitute "Secretary".

37.  In section 74B, for "Director-General" (wherever occurring) substitute "Secretary".

38.  In section 74C, for "Director-General" substitute "Secretary".

39. In section 74D—

Wildlife (Amendment) Act 1997

Act No. 87/1997 Sch.

(a)	in sub-section (1), for "Director-General" substitute "Secretary"; and
(b)	in sub-section (2), for "Director-General" substitute "Secretary".

40. In section 77 (1)—

(a)	in paragraph (d), for "Director-General" substitute "Secretary"; and
(b)	in paragraph (e), for "Director-General" substitute "Secretary".

41. In section 78—

(a)	in sub-section (1), for "Director-General" (wherever occurring) substitute "Secretary"; and
(b)	in sub-section (4), for "Director-General" substitute "Secretary".

42.  In section 79(2), for "Director-General" substitute "Secretary".

43. In section 81—

(a) for "Director-General" (wherever occurring)
substitute "Secretary"; and

(b) in paragraph (b), for "species" substitute "taxon".

44. In section 82—

(a)	in sub-section (1), for "Director-General" (wherever occurring) substitute "Secretary"; and
(b)	in sub-section (2), for "Director-General" (wherever occurring) substitute "Secretary"; and
(c)	in sub-section (3), for "Director-General" substitute "Secretary"; and
(d)	in sub-section (4), for "Director-General" (wherever occurring) substitute "Secretary"; and
(e)	in sub-section (5), for "Director-General" (wherever occurring) substitute "Secretary"; and
(f)	in sub-section (6), for "Director-General" substitute "Secretary".

45. In section 86—

(a) in sub-section (1)(a), for "species" substitute "taxon"; and

Wildlife (Amendment) Act 1997

Act No. 87/1997

(b)	in sub-section (2)(a), for "species" substitute "taxon"; and
(c)	in sub-section (2)(b), for "species" (wherever occurring) substitute "taxon"; and

(d) in sub-section (3)(b), for "species" substitute "taxon".

46. In section 86A—

(a)	in sub-section (1), for "Director-General" (wherever occurring) substitute "Secretary"; and
(b)	in sub-section (1)(a), for "species" (wherever occurring) substitute "taxon"; and
(c)	in sub-section (2)(a), for "species" substitute "taxon"; and
(d)	in sub-section (3)(b), for "species" (wherever occurring) substitute "taxon".

47. In section 87—

(a)	in sub-section (1)(f), for "species" (wherever occurring) substitute "taxon"; and
(b)	in sub-section (1)(z), for "species" substitute "taxon"; and
(c)	in sub-section (2), for "species" substitute "taxon"; and
(e)	in sub-section (3), for "species" (wherever occurring) substitute "taxon".

═══════════════
Wildlife (Amendment) Act 1997

Act No. 87/1997 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 18 September 1997

Legislative Council: 29 October 1997

The long title for the Bill for this Act was "to amend the Wildlife Act 1975, the Conservation, Forests and Lands Act 1987 and for other purposes."