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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Game and Feral Animal Control Bill 2018
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Game animal 5
5. Hunting device 6
6. Authority of CEO 6
7. Application of other legislation 7
8. Act binds Crown 7
Part 2 -- Game and Feral Animal
Control Advisory Board
9. Advisory Board 8
10. Membership and procedure of Advisory Board 8
11. Functions of Advisory Board 9
12. Annual Report 9
Part 3 -- Control and licensing of
hunting for game animals
Division 1 -- Public hunting land
13. Term used 10
14. Declaration of public land available for hunting 10
15. Public land that may not be declared 12
16. Variation or revocation of declaration 12
Division 2 -- Approved hunting clubs
17. Approval of hunting club 12
18. Variation or revocation of approval of hunting club 13
19. Review of decisions 13
153--1 page i
Game and Feral Animal Control Bill 2018
Contents
Division 3 -- Control of hunting for game
animals on public land
Subdivision 1 -- Hunting generally
20. Hunting game animals on public land 14
21. Exemptions from offences under other legislation 16
Subdivision 2 -- Hunting by Aboriginal people
22. Terms used 17
23. Hunting for Aboriginal customary purposes 18
24. Possessing game animals hunted for Aboriginal
customary purposes 18
25. Selling game animals hunted for Aboriginal
customary purposes 19
26. Permission given by exclusive native title holder to
hunt game animals 19
27. Regulations 19
Division 4 -- Game hunting licences
28. Grant of licence 19
29. Duration of licence 21
30. Licence conditions 21
31. Licence not transferable 22
32. Effect of game hunting licence 22
33. Approved code of practice 22
34. Variation or revocation of approved code of
practice 23
35. Offences relating to licences 24
36. Suspension or cancellation of licence 25
37. Review of decisions 26
38. Regulations relating to licences 27
Part 4 -- Inspection and compliance
Division 1 -- Preliminary
39. Terms used 29
40. Reasonably suspects: meaning 29
41. Thing relevant to an offence: meaning 29
Division 2 -- Inspectors
42. Appointment of inspectors 30
43. Director General and CEO have functions of an
inspector 31
44. Identification card 31
page ii
Game and Feral Animal Control Bill 2018
Contents
Division 3 -- Inspection and related functions
45. Inspection purposes 32
46. Power to enter places 33
47. Power to stop and enter vehicles and ancillary
powers 33
48. Application of CI Act s. 31 34
49. Other powers related to inspection 35
50. Obtaining records 35
51. Directions 36
52. Seizure of thing relevant to an offence 38
53. Dealing with seized thing 39
54. Dealing with seized live animal 40
Division 4 -- Entry warrants
55. Applying for entry warrant 40
56. Making an application 40
57. Further provisions relating to application for entry
warrant 42
58. Issuing entry warrant 42
59. Effect of entry warrant 43
60. Execution of entry warrant 43
Division 5 -- Other provisions
61. Time and place for compliance with direction 43
62. Direction may be given orally or in writing 43
63. Exercise of power may be recorded 44
64. Assistance to exercise powers 44
65. Use of force 44
66. Evidence obtained improperly 45
67. Compliance with directions 46
68. False or misleading information 46
69. Obstruction or impersonation of inspector 47
70. Releasing animals for the purpose of hunting 47
71. Interfering with authorised hunting on public
hunting land 47
72. Self incrimination not an excuse 48
73. Orders for forfeiture or disposal of seized things 48
74. Application of Criminal and Found Property
Disposal Act 2006 49
page iii
Game and Feral Animal Control Bill 2018
Contents
Part 5 -- Legal proceedings
Division 1 -- General provisions relating to
offences
75. Who can commence prosecution 50
76. Time for commencing prosecution 50
77. Attempt, incitement or accessory after the fact 50
78. Court may cancel or suspend licence 51
Division 2 -- Evidentiary provisions
79. Terms used 51
80. Presumption as to identity of alleged offender 52
81. Presumption as to place of offence 52
82. Presumption as to type of game animal 52
83. Evidence as to authority or status 52
84. Evidence as to notices and codes of practice 53
85. Provisions in addition to Evidence Act 1906 54
Part 6 -- Miscellaneous
86. Regulations 55
87. Giving documents 55
88. Time when document given 56
89. Protection from liability for wrongdoing 56
90. Information sharing 57
91. Delegation by Minister and Director General 59
92. Review of Act 60
Part 7 -- Consequential amendments
to other Acts
93. Conservation and Land Management Act 1984
amended 61
94. Constitution Acts Amendment Act 1899 amended 61
95. Land Administration 1997 amended 62
275B. Appointment under Game and Feral
Animal Control Act 2018 62
Schedule 1 -- Game animals
Schedule 2 -- Public land that cannot
be declared as public hunting
land
page iv
Western Australia
LEGISLATIVE COUNCIL
(Introduced by Hon. Mr Rick Mazza MLC)
Game and Feral Animal Control Bill 2018
A Bill for
An Act to provide for --
the regulation of hunting of game and feral animals on certain
public land;
the establishment of a Game and Feral Animal Control Advisory
Board;
consequential amendments to other Acts,
and related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Game and Feral Animal Control Bill 2018
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Game and Feral Animal Control Act 2018.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation.
9 3. Terms used
10 In this Act, unless the contrary intention appears --
11 approved code of practice means a code of practice approved
12 under section 33;
13 approved hunting club means an incorporated body approved
14 under section 17;
15 AW Act means the Animal Welfare Act 2002;
16 BAM Act means the Biosecurity and Agriculture Management
17 Act 2007;
18 BC Act means the Biodiversity Conservation Act 2016;
19 CALM Act means the Conservation and Land Management
20 Act 1984;
21 CALM Act land --
22 (a) means land to which the CALM Act sections 5(1)(a),
23 (b), (c), (ca), (d), (g) and (h) apply;
24 (b) includes section 8C land as that term is defined in the
25 CALM Act section 3, if the CEO's function specified
26 under the CALM Act section 8C(2)(b) includes
27 managing the land for the purposes of this Act;
28 (c) does not include section 8A land as that term is defined
29 in the CALM Act section 3;
page 2
Game and Feral Animal Control Bill 2018
Preliminary Part 1
s. 3
1 CALM Act Minister means the Minister responsible for the
2 administration of the CALM Act;
3 CEO has the meaning given in section 6(1);
4 conservation park has the meaning given in the CALM Act
5 section 3;
6 class A nature reserve has the meaning given in the CALM Act
7 section 3 which is classified class A;
8 CI Act means the Criminal Investigation Act 2006;
9 Crown land has the meaning given in the LA Act section 3(1);
10 declaration means a declaration made by order under
11 section 14;
12 department means the department principally assisting in the
13 administration of this Act;
14 Director General means the chief executive officer of the
15 department;
16 Game and Feral Animal Control Advisory Board or Advisory
17 Board means the Game and Feral Animal Control Advisory
18 Board established under Part 2;
19 game animal has the meaning given in section 4;
20 game hunting licence means a licence granted under section 28;
21 game hunting licence holder means the holder of a game
22 hunting licence;
23 hunt means to search for, pursue, follow, stalk or drive out an
24 animal in order to capture or kill the animal by a hunting device;
25 hunting device has the meaning given in section 5;
26 inspector means an inspector appointed under Division 2 of
27 Part 4;
28 LA Act means the Land Administration Act 1997;
29 LA Act land means --
30 (a) unallocated Crown land;
31 (b) unmanaged reserve;
page 3
Game and Feral Animal Control Bill 2018
Part 1 Preliminary
s. 3
1 Minister for Lands means the body corporate continued under
2 the LA Act section 7(1);
3 national park has the meaning given in the CALM Act
4 section 3;
5 occupier --
6 (a) in relation to a place -- includes any person who has or
7 appears to have the control or management of the place;
8 and
9 (b) in relation to a vehicle -- includes any person who is or
10 appears to be in charge of the vehicle;
11 offence means an offence under this Act or the regulations;
12 owner in relation to public hunting land means --
13 (a) the CEO in the case of CALM Act land;
14 (b) the Minister for Lands in the case of LA Act land;
15 (c) the statutory authority or other person that has the care,
16 control and management of the land, in the case of land
17 prescribed for the purposes of paragraph (c) of the
18 definition of public land;
19 place means any land, building, structure, tent or mobile home,
20 or any part of any of them;
21 public hunting land means public land that is declared under a
22 declaration;
23 public land means --
24 (a) CALM Act land; or
25 (b) LA Act land; or
26 (c) any other Crown land or class of Crown land that is
27 prescribed to be public land for the purposes of this Act,
28 but does not include any such land that is --
29 (d) occupied under a lease, agreement or other similar
30 arrangement for private purposes that confers a right to
31 exclusive possession of the land; or
page 4
Game and Feral Animal Control Bill 2018
Preliminary Part 1
s. 4
1 (e) a pastoral lease as that term is defined in the LA Act
2 section 3(1);
3 responsible Minister for public land is --
4 (a) in the case of CALM Act land, the CALM Act Minister;
5 (b) in the case of LA Act land, the Minister for Lands;
6 (c) in the case of land prescribed for the purposes of
7 paragraph (c) of the definition of public land --
8 (i) if the land is set aside, dedicated or vested under
9 an Act -- the Minister responsible for the
10 administration of that Act; or
11 (ii) in any other case -- the Minister responsible for
12 the care, control and management of the land or
13 responsible for the statutory authority or other
14 person that has the care, control and management
15 of the land;
16 time of hunting means one or both of the following --
17 (a) the period of the year when hunting may occur;
18 (b) the time of the day when hunting may occur;
19 unallocated Crown land has the meaning given in the LA Act
20 section 3(1);
21 unmanaged reserve has the meaning given in the LA Act
22 section 3(1);
23 vehicle means any thing capable of transporting people or things
24 by air, road or water, and it does not matter how the thing is
25 moved or propelled.
26 4. Game animal
27 (1) For the purposes of this Act, a game animal is an animal that --
28 (a) is living in the wild; and
29 (b) belongs to a species --
30 (i) specified in Schedule 1; or
page 5
Game and Feral Animal Control Bill 2018
Part 1 Preliminary
s. 5
1 (ii) prescribed to be a game animal or a class of
2 species prescribed to be game animals for the
3 purposes of this provision.
4 (2) For the purposes of subsection (1)(b)(ii), an animal may not be
5 prescribed as a game animal if it is fauna for the purposes of the
6 BC Act section 5(1) unless it is also a declared pest under the
7 BAM Act section 22.
8 5. Hunting device
9 (1) For the purposes of this Act, a hunting device is --
10 (a) a firearm or such other device prescribed by the
11 regulations to be a hunting device for the purposes of
12 this provision;
13 (b) not a poisonous, noxious or narcotising substance.
14 (2) The regulations may restrict or exclude the use of a hunting
15 device by reference to one or more of the following --
16 (a) the game animals hunted;
17 (b) the time of hunting;
18 (c) the place of hunting;
19 (d) the manner of hunting;
20 (e) the quantity of game animals killed;
21 (f) the circumstances of hunting.
22 6. Authority of CEO
23 (1) In this Act a reference to a CEO is a reference to the chief
24 executive officer responsible for the department principally
25 assisting in the administration of --
26 (a) the CALM Act, in relation to any of the matters referred
27 to in subsection (2);
28 (b) the LA Act, in relation to any of the matters referred to
29 in subsection (3).
page 6
Game and Feral Animal Control Bill 2018
Preliminary Part 1
s. 7
1 (2) A CEO may exercise a function under this Act in relation to one
2 or more of the following --
3 (a) an inspector appointed under section 42(2) to the extent
4 the person's appointment relates to land to which the
5 CALM Act applies;
6 (b) the appointment of a person as an inspector under
7 section 42(4);
8 (c) an inspector appointed under section 42(4);
9 (d) any land to which the CALM Act applies.
10 (3) A CEO may exercise a function under this Act in relation to one
11 or more of the following --
12 (a) an inspector appointed under section 42(2) to the extent
13 the person's appointment relates to land to which the LA
14 Act applies;
15 (b) the appointment of a person as an inspector under
16 section 42(5);
17 (c) an inspector appointed under section 42(5);
18 (d) land to which the LA Act applies.
19 (4) The Director General may exercise a function under this Act
20 even though the function is also exercisable by a CEO.
21 7. Application of other legislation
22 Nothing in this Act affects the operation of --
23 (a) the Firearms Act 1973 or the Weapons Act 1999, or
24 (b) the AW Act.
25 8. Act binds Crown
26 This Act binds the Crown in right of Western Australia and, so
27 far as the legislative power of the Parliament permits, the Crown
28 in all its other capacities.
page 7
Game and Feral Animal Control Bill 2018
Part 2 Game and Feral Animal Control Advisory Board
s. 9
1 Part 2 -- Game and Feral Animal Control Advisory
2 Board
3 9. Advisory Board
4 (1) The Minister must establish a Game and Feral Animal Control
5 Advisory Board by an instrument signed by the Minister that
6 sets out --
7 (a) the membership of the Advisory Board; and
8 (b) the chairperson of the Advisory Board, who must be a
9 member of the Advisory Board.
10 (2) The Minister may, by instrument signed by the Minister, amend
11 an instrument made under subsection (1).
12 (3) A member shall hold office for such term, being not more than
13 3 years, as is specified in the instrument of appointment.
14 (4) A member may be reappointed.
15 (5) Each member of the Advisory Board must be paid such
16 remuneration and allowances as the Minister, on the
17 recommendation of the Public Sector Commissioner, determines
18 for the member.
19 10. Membership and procedure of Advisory Board
20 (1) The Advisory Board is to consist of at least 5 members and not
21 more than 7 members.
22 (2) The persons appointed as members of the Advisory Board must,
23 in the opinion of the Minister, have a general or specific
24 interest, knowledge or expertise in one or more of the
25 following --
26 (a) representing the interests of people in rural or regional
27 Western Australia;
28 (b) pest management, biodiversity conservation or
29 protection, veterinary science, hunting or community
30 engagement.
page 8
Game and Feral Animal Control Bill 2018
Game and Feral Animal Control Advisory Board Part 2
s. 11
1 (3) The regulations may make provision for --
2 (a) the procedure for appointing persons as members of the
3 Advisory Board;
4 (b) membership of the Advisory Board; and
5 (c) the procedures of the Advisory Board.
6 (4) Subject to any regulations made under subsection (3), the
7 Advisory Board may determine its own procedures.
8 11. Functions of Advisory Board
9 (1) The Advisory Board has the following functions --
10 (a) to advise the Minister or the Director General, as the
11 case requires, on any matter related to game and feral
12 animal control, whether referred to the Advisory Board
13 by the Minister or the Director General or of its own
14 motion;
15 (b) to advise the Minister or a responsible Minister on any
16 matter about which the Minister or the responsible
17 Minister is required to consult the Advisory Board under
18 this Act;
19 (c) if the Minister so approves, to advise any other Minister
20 on any matter related to game and feral animal control.
21 (2) If the Minister or a responsible Minister is required to consult
22 with the Advisory Board on any matter under this Act, the
23 relevant Minister must have regard to the Advisory Board's
24 advice when considering the matter.
25 12. Annual Report
26 (1) The Advisory Board must on or before 30 November in each
27 year make and submit to the Minister an annual report of its
28 proceedings for the year ending on the preceding 30 June.
29 (2) The Minister must cause a copy of the annual report to be laid
30 before each House of Parliament within 14 sitting days of the
31 House after the report is received by the Minister.
page 9
Game and Feral Animal Control Bill 2018
Part 3 Control and licensing of hunting for game animals
Division 1 Public hunting land
s. 13
1 Part 3 -- Control and licensing of hunting for game
2 animals
3 Division 1 -- Public hunting land
4 13. Term used
5 In this Division --
6 Act Minister means the Minister responsible for the
7 administration of this Act.
8 14. Declaration of public land available for hunting
9 (1) The responsible Minister may, by order, declare that a specified
10 area of public land is available for hunting game animals under
11 this Act.
12 (2) A declaration may restrict or limit hunting on the public land by
13 reference to one or more of the following --
14 (a) the game animals hunted;
15 (b) the time of hunting;
16 (c) the place of hunting;
17 (d) the manner of hunting;
18 (e) the quantity of game animals killed;
19 (f) the circumstances of hunting.
20 (3) Before making a declaration the responsible Minister must --
21 (a) consult with the Act Minister, if the Act Minister and
22 the responsible Minister are not the same person; and
23 (b) give notice to the public of the proposed declaration in
24 accordance with the regulations.
25 (4) Before making a declaration the responsible Minister must have
26 regard to --
27 (a) the impact of the declaration on public safety; and
28 (b) the rights of others to use the public land; and
page 10
Game and Feral Animal Control Bill 2018
Control and licensing of hunting for game animals Part 3
Public hunting land Division 1
s. 14
1 (c) any written law, management plan or other policy
2 document relating to the use or management of the
3 public land; and
4 (d) any recommendation made or comment given under
5 subsection (3)(a); and
6 (e) any recommendation made or comment given by the
7 statutory authority or other person that has the care,
8 control and management of the public land; and
9 (f) any public submissions received.
10 (5) Public notice of a declaration must be given by publishing --
11 (a) the declaration in the Gazette; or
12 (b) a notice in the Gazette stating that the declaration has
13 been made and that particulars of the declaration may be
14 obtained from the head office of the department and the
15 department's website.
16 (6) A declaration is not subsidiary legislation for the purposes of
17 the Interpretation Act 1984.
18 (7) The Interpretation Act 1984 sections 43 (other than
19 subsection (6)) and 44 and Part VIII apply to a declaration as if
20 it were subsidiary legislation.
21 (8) The Interpretation Act 1984 section 42 applies to a declaration
22 as if it were a regulation.
23 (9) A declaration does not --
24 (a) give authority to enter the public land; and
25 (b) confer authority to do a thing that is inconsistent with
26 another written law.
27 (10) Particulars of a declaration must be --
28 (a) made available at the head office of the department; and
29 (b) published on, or accessible through, the department's
30 website.
page 11
Game and Feral Animal Control Bill 2018
Part 3 Control and licensing of hunting for game animals
Division 2 Approved hunting clubs
s. 15
1 15. Public land that may not be declared
2 A declaration must not be made in respect of public land that
3 is --
4 (a) specified in Schedule 2;
5 (b) a declared World Heritage property within the meaning
6 of the Environment Protection and Biodiversity
7 Conservation Act 1999 (Commonwealth);
8 (c) prescribed by the regulations for the purposes of this
9 provision.
10 16. Variation or revocation of declaration
11 (1) The responsible Minister may vary a declaration.
12 (2) Sections 14 and 15 apply to a variation of a declaration in a
13 similar manner as if a reference in those sections to a
14 declaration were a reference to a variation of a declaration.
15 (3) The responsible Minister may revoke a declaration in whole or
16 in part.
17 (4) Before varying or revoking a declaration, the responsible
18 Minister must consult with the Advisory Board.
19 (5) Public notice of a revocation of a declaration must be given in a
20 similar manner as is provided in section 14(5) for giving public
21 notice of a declaration.
22 Division 2 -- Approved hunting clubs
23 17. Approval of hunting club
24 (1) The Minister may approve an incorporated body to be an
25 approved hunting club for the purposes of this Act.
26 (2) Before approving an incorporated body as an approved hunting
27 club, the Minister must consult with the Advisory Board.
page 12
Game and Feral Animal Control Bill 2018
Control and licensing of hunting for game animals Part 3
Approved hunting clubs Division 2
s. 18
1 (3) The regulations may prescribe matters relating to the approval
2 of a hunting club under subsection (1), including --
3 (a) eligibility criteria for an applicant;
4 (b) the application process for approval;
5 (c) grounds for approval or refusal of an application;
6 (d) conditions of approval.
7 (4) An incorporated body that is incorporated or operates outside of
8 Western Australia may be approved under subsection (1).
9 18. Variation or revocation of approval of hunting club
10 (1) The Minister may vary or revoke the approval of an
11 incorporated body as an approved hunting club for the purposes
12 of this Act.
13 (2) Before varying or revoking the approval of an incorporated
14 body as an approved hunting club, the Minister must consult
15 with the Advisory Board.
16 19. Review of decisions
17 (1) In this section --
18 approval means the approval of an incorporated body as an
19 approved hunting club under section 17;
20 reviewable decision means a decision of the Minister under this
21 Division to --
22 (a) refuse to give an approval;
23 (b) impose conditions on an approval; or
24 (c) vary or revoke an approval.
25 (2) An incorporated body that is an applicant for an approval or has
26 had its approval varied or revoked may apply to the State
27 Administrative Tribunal for a review of the reviewable decision.
page 13
Game and Feral Animal Control Bill 2018
Part 3 Control and licensing of hunting for game animals
Division 3 Control of hunting for game animals on public land
s. 20
1 Division 3 -- Control of hunting for game animals on public
2 land
3 Subdivision 1 -- Hunting generally
4 20. Hunting game animals on public land
5 (1) A person must not hunt a game animal on public land.
6 Penalty for this subsection: a fine of $5 500.
7 (2) Subsection (1) does not apply if --
8 (a) the hunting occurs on land that is public hunting land;
9 and
10 (b) the person is the holder of a valid and current game
11 hunting licence that is not suspended; and
12 (c) the person has authority or permission to enter the
13 public hunting land for the purpose of hunting game
14 animals under this Act; and
15 (d) the person has complied with --
16 (i) the declaration;
17 (ii) the game hunting licence, including any
18 condition of it; and
19 (iii) any conditions on which the owner of the public
20 hunting land has given the person authority or
21 permission to enter the land for the purpose of
22 hunting game animals under this Act; and
23 (iv) section 21(3) and (4), and any other provision of
24 this Act or the regulations that relates to hunting
25 game animals on public hunting land; and
26 (e) the game animal is one to which subsection (3) applies,
27 the person has hunted the animal in an area of the State
28 in respect of which the animal is so declared.
29 (3) Subsection (2)(e) applies to a game animal that is fauna for the
30 purposes of the BC Act section 5(1) and is a declared pest under
31 the BAM Act section 22.
page 14
Game and Feral Animal Control Bill 2018
Control and licensing of hunting for game animals Part 3
Control of hunting for game animals on public land Division 3
s. 20
1 (4) Subsection (1) does not apply if a veterinary surgeon (as
2 registered under the Veterinary Surgeons Act 1960 Part IV)
3 reasonably believes a game animal is suffering so severely that
4 destroying it would be the humane thing to do, destroys the
5 game animal in a humane manner.
6 (5) Subsection (1) does not apply if a person has lawful authority to
7 hunt the game animal on the public land under another written
8 law.
9 (6) Without limiting subsection (5) but for the purposes of that
10 subsection, a person has lawful authority to hunt the game
11 animal under another written law if --
12 (a) the person has hunted the game animal in accordance
13 with --
14 (i) a notice, order or other document issued to the
15 person under another written law requiring the
16 person to destroy game animals; or
17 (ii) a licence, permit, approval, consent, registration,
18 exemption or other authority to hunt game
19 animals issued, granted, conferred or given under
20 another written law; or
21 (b) the person is a public service officer or other person
22 appointed or authorised --
23 (i) by a CEO or other chief executive officer to
24 manage or control game animals on Crown land
25 for which the CEO or other chief executive
26 officer is responsible; or
27 (ii) under another written law to manage or control
28 game animals on Crown land.
page 15
Game and Feral Animal Control Bill 2018
Part 3 Control and licensing of hunting for game animals
Division 3 Control of hunting for game animals on public land
s. 21
1 21. Exemptions from offences under other legislation
2 (1) A game hunting licence holder who hunts a game animal on
3 public hunting land in accordance with this Act does not, in
4 connection with that hunting, commit an offence under the BC
5 Act, the CALM Act or the LA Act that involves --
6 (a) an activity associated with hunting and that is necessary
7 for the purposes of hunting the game animal;
8 (b) possessing or exporting, otherwise than for the purposes
9 of sale, the carcass of the game animal that was killed by
10 the game hunting licence holder, or any part of it,
11 subject to subsection (3).
12 (2) For the purposes of subsection (1)(a), an activity associated
13 with hunting includes carrying or discharging a hunting device.
14 (3) A person must not take a dog or other animal on to public
15 hunting land or use a dog or other animal to assist in hunting on
16 the land if it is prohibited to take a dog or other animal on to the
17 land under another written law.
18 (4) If subsection (3) does not apply, a person must not take a dog or
19 other animal on to public hunting land or use a dog or other
20 animal to assist in hunting on the land unless authorised to do so
21 by -
22 (a) a declaration or a condition of a game hunting licence;
23 and
24 (b) the owner of the public hunting land.
25 Penalty for this subsection: a fine of $5 500.
page 16
Game and Feral Animal Control Bill 2018
Control and licensing of hunting for game animals Part 3
Control of hunting for game animals on public land Division 3
s. 22
1 Subdivision 2 -- Hunting by Aboriginal people
2 22. Terms used
3 In this Subdivision --
4 Aboriginal customary purpose means --
5 (a) preparing or consuming food customarily eaten by
6 Aboriginal persons; or
7 (b) preparing or using medicine customarily used by
8 Aboriginal persons; or
9 (c) engaging in artistic, ceremonial or other cultural
10 activities customarily engaged in by Aboriginal persons;
11 or
12 (d) engaging in activities incidental to a purpose stated in
13 paragraph (a), (b) or (c);
14 Aboriginal person means a person wholly or partly descended
15 from the original inhabitants of Australia;
16 exclusive native title, in relation to an area of land or waters,
17 means native title rights and interests (as defined in the NT Act
18 section 223) --
19 (a) that exist in relation to the area, whether or not they
20 have been determined under the NT Act to exist; and
21 (b) that confer possession, occupation, use and enjoyment
22 of the area on the holders of the native title rights and
23 interests to the exclusion of all others;
24 exclusive native title holder, for an area in relation to which
25 exclusive native title exists, means --
26 (a) the registered native title body corporate (as defined in
27 the NT Act section 253) in respect of the native title
28 rights and interests concerned; or
29 (b) if there is no such body corporate, each person who
30 holds the native title rights and interests concerned or a
31 person acting with the authority of each such person;
32 NT Act means the Native Title Act 1993 (Commonwealth).
page 17
Game and Feral Animal Control Bill 2018
Part 3 Control and licensing of hunting for game animals
Division 3 Control of hunting for game animals on public land
s. 23
1 23. Hunting for Aboriginal customary purposes
2 (1) This section does not affect the operation of the BC Act or the
3 CALM Act.
4 (2) It is a defence to a charge of an offence of hunting a game
5 animal on public land to prove --
6 (a) the accused is an Aboriginal person; and
7 (b) the accused hunted the game animal for an Aboriginal
8 customary purpose; and
9 (c) in hunting the game animal the accused complied with
10 any regulations that restrict or exclude the operation of
11 this subsection; and
12 (d) if the offence is alleged to have been committed in an
13 area in relation to which exclusive native title exists, the
14 accused either --
15 (i) held the exclusive native title alone or with other
16 persons; or
17 (ii) hunted the game animal with the permission of
18 the exclusive native title holder for the area.
19 (3) If, but for this subsection, the defence provided by
20 subsection (2) would entitle an Aboriginal person to do an act
21 that is inconsistent with the continued existence, enjoyment or
22 exercise of any native title rights and interests (as defined in the
23 NT Act section 223) held by another Aboriginal person, the
24 defence does not apply to that act unless it is proved the accused
25 did the act in order to hunt a game animal sufficient only for
26 food for the accused and the accused's family, but not for sale.
27 24. Possessing game animals hunted for Aboriginal customary
28 purposes
29 If a game animal is hunted in circumstances giving rise to a
30 defence under section 23(2), an Aboriginal person is authorised
31 to possess the game animal, the carcass of the game animal or
32 any part of it for an Aboriginal customary purpose.
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1 25. Selling game animals hunted for Aboriginal customary
2 purposes
3 An Aboriginal person who hunts a game animal for an
4 Aboriginal customary purpose must not sell the game animal,
5 the carcass of the game animal or any part of it, unless, under
6 the regulations, the sale is excepted or the person is authorised
7 to do so.
8 Penalty: a fine of $5 500.
9 26. Permission given by exclusive native title holder to hunt
10 game animals
11 (1) If the exclusive native title holder for an area in relation to
12 which exclusive native title exists permits the hunting of game
13 animals in the area, the exclusive native title holder does not
14 commit an offence by reason of giving the permission.
15 (2) Subsection (1) applies despite any other provision of this Act.
16 27. Regulations
17 The regulations may restrict or exclude the operation of
18 section 23(2) by reference to one or more of the following --
19 (a) the game animals hunted;
20 (b) the class of person hunting game animals;
21 (c) the time of hunting;
22 (d) the place of hunting;
23 (e) the manner of hunting;
24 (f) the quantity of game animals killed;
25 (g) the circumstances of hunting.
26 Division 4 -- Game hunting licences
27 28. Grant of licence
28 (1) The Director General may grant a game hunting licence for the
29 purposes of this Act.
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1 (2) A game hunting licence may only be granted to an individual.
2 (3) The Director General must refuse to grant a game hunting
3 licence to a person --
4 (a) if, in the previous 5 years, the person has been found
5 guilty of an offence in Western Australia or elsewhere
6 involving cruelty or harm to animals, violence, assault
7 with a weapon, damage to property or unlawful entry
8 onto land; or
9 (b) if the person has been found guilty of an offence under
10 section 70; or
11 (c) if the Director General is satisfied the person is not a fit
12 and proper person to hold the game hunting licence; or
13 (d) if the person is disqualified from holding a game
14 hunting licence under section 36(5) or section 78(1)(b);
15 or
16 (e) in such other circumstances as are prescribed by the
17 regulations.
18 (4) The Director General must refuse to grant a game hunting
19 licence to a person unless the person --
20 (a) is a member of an approved hunting club; and
21 (b) has undertaken adequate training for the activities
22 authorised by the game hunting licence, to the
23 satisfaction of the Director General.
24 (5) For the purposes of subsection (4), adequate training includes
25 training of a kind prescribed by the regulations.
26 (6) The Director General may refuse to grant a game hunting
27 licence to a person if, in the previous 5 years, the person has
28 been found guilty of an indictable offence under the Firearms
29 Act 1973.
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1 29. Duration of licence
2 (1) A game hunting licence has effect for the period specified in the
3 licence which must not exceed the relevant maximum period,
4 unless it is sooner cancelled under this Part.
5 (2) The relevant maximum period is --
6 (a) 12 months, unless paragraph (b) applies;
7 (b) the period prescribed by the regulations.
8 (3) A game hunting licence is not in force during any period it is
9 suspended.
10 30. Licence conditions
11 (1) A game hunting licence is subject to the following conditions --
12 (a) any condition that may be imposed by the Director
13 General as a condition of granting the game hunting
14 licence; and
15 (b) a provision of an approved code of practice specified
16 under section 33(3); and
17 (c) any condition that is prescribed by the regulations to be
18 a condition for the purposes of this provision.
19 (2) For the purposes of subsection (1), a condition of a game
20 hunting licence may require the game hunting licence holder to
21 do one or more of the following --
22 (a) register with a specified person or body before hunting
23 on the public hunting land;
24 (b) comply with any exclusion or other notice issued or
25 erected by the statutory authority or other person that
26 has the care, control and management of the land;
27 (c) compile and keep information or records relating to
28 hunting or related activities undertaken under the
29 authority of the game hunting licence;
30 (d) provide the information or records referred to in
31 paragraph (c), to the Director General.
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1 (3) A condition under this section may restrict or limit an activity
2 authorised by the game hunting licence.
3 (4) After a game hunting licence is granted, the Director General
4 may, by notice in writing to the game hunting licence holder --
5 (a) impose conditions or further conditions on the game
6 hunting licence; or
7 (b) vary or revoke a condition of the game hunting licence,
8 other than a condition which is --
9 (i) a provision of an approved code of practice
10 specified under section 33(3); or
11 (ii) prescribed by the regulations under
12 subsection (1)(c).
13 31. Licence not transferable
14 A game hunting licence is not transferable.
15 32. Effect of game hunting licence
16 (1) A game hunting licence authorises the game hunting licence
17 holder to possess the carcass of the game animal that the licence
18 holder has killed under the authority of the licence, or any part
19 of it.
20 (2) A game hunting licence does not authorise the game hunting
21 licence holder to enter public land.
22 (3) Except as provided by section 21, a game hunting licence does
23 not authorise the game hunting licence holder to contravene a
24 prohibition or restriction imposed under a written law.
25 33. Approved code of practice
26 (1) The Minister may approve a code of practice for game hunting
27 licence holders.
28 (2) An approved code of practice may incorporate by reference an
29 other code or subsidiary legislation as existing or in force from
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1 time to time or as existing or in force at a particular time,
2 subject to subsection (3) being complied with.
3 (3) An approved code of practice is to specify any provision that
4 must be observed by persons hunting game animals under a
5 game hunting licence.
6 (4) Before approving a code of practice, the Minister must --
7 (a) consult with the Advisory Board; and
8 (b) give notice to the public of the proposed code of practice
9 in accordance with the regulations; and
10 (c) allow a period of not less than 30 days for public
11 comment on the proposed code of practice; and
12 (d) take into account any public submissions received.
13 (5) Public notice of an approved code of practice must be given by
14 publishing --
15 (a) the approved code of practice in the Gazette; or
16 (b) a notice in the Gazette stating that the code of practice
17 has been approved and that particulars of the approved
18 code of practice may be obtained from the head office of
19 the department and the department's website.
20 (6) Particulars of an approved code of practice must be --
21 (a) made available at the head office of the department; and
22 (b) published on, or accessible through, the department's
23 website.
24 34. Variation or revocation of approved code of practice
25 (1) The Minister may approve a variation to an approved code of
26 practice.
27 (2) Section 33 applies to a variation to an approved code of practice
28 in a similar manner as if a reference in that section to an
29 approved code of practice were a reference to a variation to an
30 approved code of practice.
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1 (3) The Minister may revoke the approval of a code of practice.
2 (4) Before revoking the approval of a code of practice, the Minister
3 must consult with the Advisory Board.
4 (5) Public notice of a revocation of approval of a code of practice
5 must be given in a similar manner as is provided in
6 section 33(5) for giving public notice of an approved code of
7 practice.
8 35. Offences relating to licences
9 (1) A game hunting licence holder must not contravene a condition
10 of the game hunting licence.
11 Penalty for this subsection: a fine of $5 500.
12 (2) A person must not pretend to be a game hunting licence holder.
13 Penalty for this subsection: a fine of $5 500.
14 (3) A person must not, for the purpose of obtaining a game hunting
15 licence, give false or misleading information.
16 Penalty for this subsection: a fine of $5 500.
17 (4) For the purposes of subsection (3), a person gives false or
18 misleading information if the person does one or more of the
19 following --
20 (a) states anything that the person knows is false or
21 misleading in a material particular;
22 (b) omits from a statement anything without which the
23 statement is, to the person's knowledge, misleading in a
24 material particular;
25 (c) gives or produces any record or other document that --
26 (i) the person knows is false or misleading in a
27 material particular; or
28 (ii) omits anything without which the record or other
29 document is, to the person's knowledge,
30 misleading in a material particular.
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1 36. Suspension or cancellation of licence
2 (1) The Director General must cancel a game hunting licence if the
3 game hunting licence holder is not qualified, or is no longer
4 qualified, to hold the licence.
5 (2) The Director General may suspend or cancel, as the Director
6 General thinks fit, a game hunting licence --
7 (a) if the game hunting licence holder contravenes a
8 condition of the licence; or
9 (b) if the game hunting licence holder has been found guilty
10 of an offence in Western Australia or elsewhere
11 involving cruelty or harm to animals, violence, assault
12 with a weapon, damage to property or unlawful entry
13 onto land; or
14 (c) if the game hunting licence holder has been found guilty
15 of an offence under section 70; or
16 (d) if the game hunting licence holder has been found guilty
17 of an indictable offence under the Firearms Act 1973; or
18 (e) if, in the opinion of the Director General, the game
19 hunting licence holder is no longer a fit and proper
20 person to hold the game hunting licence; or
21 (f) in such other circumstances as are prescribed by the
22 regulations.
23 (3) If a game hunting licence is suspended or cancelled under this
24 section, the Director General must give notice in writing of the
25 period of suspension, or cancellation to the game hunting
26 licence holder.
27 (4) If a game hunting licence is suspended under this section, the
28 Director General may --
29 (a) suspend the licence for such period as the Director
30 General thinks fit;
31 (b) remove the suspension of the licence, at any time.
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1 (5) If a game hunting licence is cancelled under this section, the
2 Director General may disqualify the person who held the licence
3 from holding another game hunting licence for a period
4 specified by the Director General.
5 37. Review of decisions
6 (1) In this section --
7 application means an application for a game hunting licence;
8 person affected means --
9 (a) in relation to a reviewable decision about an application,
10 the applicant;
11 (b) in relation to any other reviewable decision, the game
12 hunting licence holder;
13 reviewable decision means a decision of the Director General
14 under this Division to --
15 (a) refuse to grant an application;
16 (b) impose a condition on the grant of an application or after
17 a game hunting licence is granted, not being a condition
18 to which section 30(1)(b) or (c) applies; or
19 (c) vary or revoke a condition of the game hunting licence;
20 or
21 (d) suspend or cancel a game hunting licence; or
22 (e) disqualify a person from holding a game hunting
23 licence.
24 (2) A person affected by a reviewable decision may apply to the
25 State Administrative Tribunal for a review of the decision.
26 (3) For the purposes of this section, an application for the grant of a
27 game hunting licence is taken to have been refused if the licence
28 is not granted within 60 days (or such other period as is
29 prescribed by the regulations) after the application was duly
30 made.
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1 38. Regulations relating to licences
2 (1) The regulations may provide for matters relating to game
3 hunting licences.
4 (2) Regulations made for the purposes of subsection (1) may
5 provide for or regulate the following --
6 (a) the types or classes of game hunting licences that may
7 be granted;
8 (b) restrictions on the authority conferred by a particular
9 type or class of game hunting licence;
10 (c) applications for game hunting licences, the persons who
11 are eligible to make applications and the manner in
12 which applications are to be dealt with;
13 (d) requirements to be met by applicants including --
14 (i) to produce information relevant to an
15 application;
16 (ii) to undergo assessment or training;
17 (iii) as to training, qualifications and experience;
18 (e) grounds for approval, or refusal to approve, an
19 application or to impose a condition on the grant of an
20 application;
21 (f) approval of codes of practice, including requirements as
22 to --
23 (i) the subject matter or content of a proposed code
24 of practice;
25 (ii) the matters that must be observed by persons
26 hunting game animals under a game hunting
27 licence;
28 (g) registers of game hunting licences;
29 (h) requirements for game hunting licence holders to
30 compile, keep and provide information or records
31 relating to hunting or related activities undertaken under
32 the authority of a game hunting licence and information
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1 with respect to licences, including the form in which the
2 information or records are to be provided;
3 (i) the replacement of game hunting licences that are lost,
4 destroyed or defaced;
5 (j) the circumstances in which licence documents must be
6 returned to the Director General;
7 (k) fees payable in connection with applications for game
8 hunting licences and game hunting licences.
9 (3) Nothing in this section affects the matters in respect of which
10 regulations may be prescribed under any other provision in this
11 Division.
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s. 39
1 Part 4 -- Inspection and compliance
2 Division 1 -- Preliminary
3 39. Terms used
4 In this Part, unless the contrary intention appears --
5 dwelling means a place or a part of a place that is ordinarily
6 used for human habitation and it does not matter that it is from
7 time to time uninhabited;
8 entry warrant means an entry warrant issued under Division 4;
9 identification card means a form of identification issued under
10 section 44 for the purposes of this Act;
11 inspection purposes means the purposes referred to in
12 section 45;
13 inspector's CEO means the CEO to whom the inspector is
14 accountable under the CALM Act or the LA Act, as the case
15 may be;
16 reasonably suspects has the meaning given in section 40;
17 thing relevant to an offence has the meaning given in
18 section 41.
19 40. Reasonably suspects: meaning
20 For the purposes of this Part, a person reasonably suspects
21 something at a relevant time if the person personally has
22 grounds at the time for suspecting the thing and those grounds
23 (even if they are subsequently found to be false or non-existent),
24 when judged objectively, are reasonable.
25 41. Thing relevant to an offence: meaning
26 For the purposes of this Part, a thing is a thing relevant to an
27 offence if it is reasonably suspected that --
28 (a) the thing has been, is being, or is intended to be used for
29 the purpose of committing an offence; or
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1 (b) the thing has been obtained by the commission of an
2 offence; or
3 (c) an offence has been, or is being, or may be committed in
4 respect of the thing; or
5 (d) the thing is or may afford evidence --
6 (i) relevant to proving the commission of an offence
7 or who committed the offence; or
8 (ii) that tends to rebut an alibi.
9 Division 2 -- Inspectors
10 42. Appointment of inspectors
11 (1) For the purposes of this Act, an inspector is one of the
12 following persons --
13 (a) a person appointed under subsection (2), (4) or (5);
14 (b) a police officer.
15 (2) The Director General may, by an instrument signed by the
16 Director General, appoint as an inspector any of the following
17 persons --
18 (a) a public service officer, who is named; or
19 (b) a person for the time being holding an office in the
20 Public Service, being an office specified; or
21 (c) a prescribed person, who is named; or
22 (d) a person belonging to a class of persons prescribed by
23 the regulations, who is named; or
24 (e) a person who may be appointed under subsection (4) or
25 (5), who is named,
26 in the instrument of appointment.
27 (3) An appointment must not be made under subsection (2) for a
28 period longer than 5 years, but a person may be reappointed for
29 a further term.
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1 (4) The CEO for the CALM Act may appoint as an inspector a
2 person who is a wildlife officer as that term is defined in the
3 CALM Act section 3,in respect of land to which the CALM Act
4 applies.
5 (5) The CEO for the LA Act may appoint as an inspector a person
6 who is authorised under the LA Act section 34(1) or 139(2), in
7 respect of land to which the LA Act applies.
8 (6) The appointment of an inspector (who is not a police officer)
9 may specify that the appointment is subject to conditions or
10 restrictions relating to one or both of the following --
11 (a) the functions that may be performed by the inspector;
12 (b) when, where and in what circumstances the inspector
13 may perform the functions of an inspector.
14 (7) A police officer is not subject to the control or direction of the
15 Director General or a CEO in the exercise of a function under
16 this Act.
17 43. Director General and CEO have functions of an inspector
18 (1) The Director General has and may perform the functions of an
19 inspector.
20 (2) The CEO for the CALM Act has and may perform the functions
21 of an inspector in respect of land to which the CALM Act
22 applies.
23 (3) The CEO for the LA Act has and may perform the functions of
24 an inspector in respect of land to which the LA Act applies.
25 (4) The Director General or a CEO performing a function under
26 subsection (1), (2) or (3), has all the immunities of an inspector.
27 44. Identification card
28 (1) An inspector (other than a police officer) is to be issued with a
29 form of identification that identifies the person as an inspector
30 for the purposes of this Act.
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1 (2) The form of identification may be --
2 (a) included in an identification card issued to the person
3 under or for the purposes of the CALM Act or the LA
4 Act; or
5 (b) issued as a separate card by --
6 (i) the inspector's CEO ; or
7 (ii) the Director General.
8 (3) The identification card must --
9 (a) state that it is issued under this Act; and
10 (b) state the inspector's name; and
11 (c) state any limitation on the inspector's functions; and
12 (d) state the date (if any) on which it expires; and
13 (e) include any information that is prescribed by the
14 regulations; and
15 (f) bear the signature of the person who is authorised to
16 issue the identification card under subsection (2).
17 (4) When the holder of an identification card stops being an
18 inspector, the person must return the identification card to the
19 inspector's CEO or the Director General who issued it, as soon
20 as is practicable.
21 Division 3 -- Inspection and related functions
22 45. Inspection purposes
23 An inspector may carry out an inspection for one or more of the
24 following purposes --
25 (a) to ascertain whether this Act or the regulations,
26 including any condition of a game hunting licence, is
27 being complied with or has been contravened;
28 (b) to inspect any record that is kept under or for the
29 purposes of this Act or the regulations, or that is relevant
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1 to determining whether this Act or the regulations is
2 being complied with or has been contravened;
3 (c) any other purpose that is prescribed by the regulations.
4 46. Power to enter places
5 (1) For inspection purposes an inspector may do one or more of the
6 following --
7 (a) at any time enter public land that is not a dwelling;
8 (b) at any time enter a place that is not public land or a
9 dwelling;
10 (c) at any time enter a dwelling with the informed consent
11 of an occupier of the dwelling;
12 (d) enter a place in accordance with an entry warrant.
13 (2) For the purposes of subsection (1)(c), an occupier gives
14 informed consent if the occupier consents after being informed
15 by the inspector --
16 (a) of the powers that the inspector wants to exercise in
17 respect of the dwelling; and
18 (b) of the reason why the inspector wants to exercise those
19 powers; and
20 (c) that the person can refuse to consent to the inspector
21 entering the dwelling.
22 47. Power to stop and enter vehicles and ancillary powers
23 (1) For inspection purposes an inspector may at any time stop and
24 enter a vehicle.
25 (2) If under subsection (1) an inspector may stop a vehicle, the
26 inspector may use any means that are reasonably necessary in
27 the circumstances to do so, including means that obstruct the
28 passage of other vehicles.
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1 (3) Subsection (2) does not authorise the use of means that are
2 likely to cause death or grievous bodily harm to any person,
3 whether or not in a vehicle.
4 (4) An inspector may only enter a vehicle that is a mobile home in
5 the manner provided for in section 46(1)(c).
6 (5) An inspector who under subsection (1) stops a vehicle may
7 detain the vehicle for a reasonable period.
8 (6) An inspector who under subsection (1) or (4) enters a vehicle
9 may move the vehicle to a place suitable for carrying out an
10 inspection.
11 48. Application of CI Act s. 31
12 (1) The CI Act section 31 (the applied provision) applies, with all
13 necessary changes, to and in relation to the entry of a place
14 under section 46(1)(b) or (d) or a vehicle under section 47 as if
15 references in the applied provision to --
16 (a) a place included references to a vehicle; and
17 (b) an occupier included references to a person in charge of
18 a vehicle; and
19 (c) an officer were references to an inspector; and
20 (d) a search warrant were references to an entry warrant;
21 and
22 (e) a search were references to an inspection.
23 (2) For the purpose of identifying himself or herself under the CI
24 Act section 31, an inspector (other than a police officer) must in
25 addition to the requirements of the CI Act section 11, produce
26 his or her identification card.
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1 49. Other powers related to inspection
2 For inspection purposes an inspector may do one or more of the
3 following --
4 (a) take onto or into, and use on or in, a place or vehicle any
5 equipment or facilities that are reasonably necessary in
6 order to carry out an inspection;
7 (b) make reasonable use of and operate any equipment,
8 facilities or services on or in a place or vehicle in order
9 to carry out an inspection;
10 (c) remain on or in a place or vehicle for so long as is
11 reasonably necessary to carry out an inspection;
12 (d) inspect any compartment, container, cage, enclosure or
13 similar thing on or in a place or vehicle;
14 (e) photograph or otherwise make a record of a place or
15 vehicle and any thing in or on the place or vehicle.
16 50. Obtaining records
17 (1) In this section --
18 relevant record means a record that --
19 (a) contains information about game hunting on public land;
20 or
21 (b) is required to be kept under this Act; or
22 (c) contains information that is relevant to determining
23 whether this Act or the regulations, including any
24 condition of a game hunting licence, is being complied
25 with or has been contravened.
26 (2) For inspection purposes an inspector may do one or more of the
27 following --
28 (a) direct a person who has the custody or control of a
29 relevant record to give the inspector the relevant record
30 or a copy of it;
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1 (b) direct a person who has the custody or control of a
2 relevant record, computer or thing to make or print out a
3 copy of the relevant record or to operate the computer or
4 thing;
5 (c) operate a computer or other thing on which a relevant
6 record is or may be stored;
7 (d) direct a person who is or appears to be in control of a
8 record or information that the inspector reasonably
9 suspects is a relevant record to give the inspector a
10 translation, code, password or other information
11 necessary to gain access to or interpret and understand
12 the record or information;
13 (e) take extracts from or make copies of, or download or
14 print out, or photograph a record or information that the
15 inspector reasonably suspects is a relevant record;
16 (f) take reasonable measures to secure or protect a relevant
17 record, or computer or other thing on which a relevant
18 record is or may be stored, against damage or
19 unauthorised removal or interference.
20 (3) If an inspector is given a relevant record, the inspector must, if
21 practicable, allow a person who is otherwise entitled to
22 possession of it to have reasonable access to it.
23 51. Directions
24 (1) In this section --
25 game animal includes the carcass of a game animal or any part
26 of it;
27 specified means specified by the inspector.
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1 (2) An inspector may do one or more of the following --
2 (a) for inspection purposes direct an occupier of a place or
3 vehicle, or a person who is or appears to be in
4 possession or control of a thing, to give to the inspector,
5 orally or in writing --
6 (i) any information in the person's possession or
7 control as to the name and address of the owner
8 or occupier of the place, vehicle or thing; and
9 (ii) any other information in the person's possession
10 or control that is relevant to an inspection;
11 (b) for inspection purposes direct an occupier of a place or
12 vehicle to answer questions;
13 (c) for inspection purposes direct an occupier of a place or
14 vehicle to produce a specified thing or a thing of a
15 specified kind;
16 (d) for inspection purposes direct an occupier of a place or
17 vehicle to open or unlock any thing in or on the place or
18 vehicle to which the inspector requires access;
19 (e) direct an occupier of a place or vehicle, or a person who
20 is or appears to be in possession or control of a thing, to
21 give the inspector any assistance that the inspector
22 reasonably needs to carry out the inspector's functions in
23 relation to the place, vehicle or thing;
24 (f) direct an occupier of a vehicle to move the vehicle to a
25 specified place for inspection;
26 (g) direct a person who is or appears to be in control of a
27 game animal to remove the game animal to a specified
28 place for inspection;
29 (h) direct a person who is or appears to be in control of a
30 game animal to keep that game animal in the possession
31 of that person until further directed by the inspector;
32 (i) direct a person who is or appears to be in control of a
33 game animal to leave that game animal at a specified
34 place until further directed by the inspector;
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s. 52
1 (j) for inspection purposes direct a person who is or appears
2 to be, or the inspector reasonably suspects is, hunting to
3 give to the inspector, orally or in writing --
4 (i) the person's name and address; and
5 (ii) any other information in the person's possession
6 or control that is relevant to an inspection;
7 (k) for inspection purposes direct a person who is or appears
8 to be, or the inspector reasonably suspects is, hunting to
9 produce to the inspector the person's game hunting
10 licence;
11 (l) direct a person who is or the inspector reasonably
12 suspects is about to commit an offence to leave or not to
13 enter specified public hunting land.
14 (3) If a person does not comply with a direction under
15 subsection (2)(f) or (g) the inspector may do anything the
16 inspector considers necessary to achieve, so far as is practicable,
17 the purpose of the direction.
18 (4) Without limiting subsection (3) or section 47(6), an inspector
19 may move a vehicle to achieve the purpose of a direction.
20 52. Seizure of thing relevant to an offence
21 (1) If an inspector when exercising a power under this
22 Division finds a thing relevant to an offence, the inspector may,
23 subject to subsection (2), seize the thing.
24 (2) The inspector may seize the thing only if the inspector
25 reasonably suspects one or more of the following --
26 (a) that the thing has been unlawfully obtained;
27 (b) that possession of the thing at that time and place by the
28 person in possession of it is unlawful;
29 (c) that it is necessary to seize the thing for one or more of
30 the following purposes --
31 (i) to prevent it from being concealed, damaged,
32 destroyed, interfered with or lost;
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1 (ii) to preserve its evidentiary value;
2 (iii) to prevent it from being used in the commission
3 of another offence.
4 (3) The CI Act sections 147 to 151 apply, with all necessary
5 changes, to and in relation to --
6 (a) the seizure of a thing under this section; and
7 (b) a thing that may be seized under this section; and
8 (c) a thing seized under this section.
9 (4) The form prescribed for the CI Act section 147(1), as applied by
10 subsection (3), may be adapted as necessary for the purposes of
11 this section.
12 53. Dealing with seized thing
13 (1) In this section --
14 deal with includes to preserve, to treat, to sell, to give away, to
15 use and to destroy.
16 (2) If under section 52 or in the exercise of powers under the CI
17 Act, an inspector seizes a thing and, in the opinion of the
18 inspector, the thing is likely to suffer, deteriorate or perish if no
19 action is taken to deal with it, the inspector may deal with the
20 thing in accordance with the directions of the inspector's CEO
21 or the Director General.
22 (3) Unless subsection (5) applies, the proceeds of the sale of a thing
23 under subsection (2), after deduction of the expenses of and
24 incidental to the sale, are to be credited to the Consolidated
25 Account.
26 (4) Subsection (5) applies if --
27 (a) under section 52 or in the exercise of powers under the
28 CI Act a thing is seized in connection with an offence;
29 and
30 (b) the thing is sold under subsection (2); and
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Division 4 Entry warrants
s. 54
1 (c) a decision is subsequently made not to commence a
2 prosecution in respect of the offence or, after the
3 prosecution has been completed, no person is convicted
4 of the offence.
5 (5) The proceeds of the sale of the thing, after deduction of the
6 expenses of and incidental to the sale, are to be paid to the
7 person entitled to possession of the thing before it was seized.
8 54. Dealing with seized live animal
9 (1) If under section 52 or in the exercise of powers under the CI
10 Act, an inspector seizes a live animal and, in the opinion of the
11 inspector, it is not practicable to keep the animal, the inspector
12 may release the animal into the wild.
13 (2) The power in subsection (1) is not to be exercised in
14 circumstances where the inspector reasonably suspects that
15 another person is entitled to possession of the animal.
16 Division 4 -- Entry warrants
17 55. Applying for entry warrant
18 (1) An inspector may apply to a JP for an entry warrant authorising
19 the entry of a place or vehicle for inspection purposes.
20 (2) An inspector may apply for an entry warrant for a place or
21 vehicle even if, under Division 3, an inspector may enter the
22 place or vehicle without an entry warrant.
23 (3) The application must be made in accordance with section 56
24 and must include any prescribed information.
25 56. Making an application
26 (1) In this section --
27 application means an application under section 55;
28 remote communication means any way of communicating at a
29 distance including by telephone, fax, email and radio.
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1 (2) A reference in this section to making an application includes a
2 reference to giving information in support of the application.
3 (3) An application must be made in person before a JP unless --
4 (a) the warrant is needed urgently; and
5 (b) the applicant reasonably suspects that a JP is not
6 available within a reasonable distance of the applicant.
7 (4) If subsection (3)(a) and (b) apply --
8 (a) the application may be made to the JP by remote
9 communication; and
10 (b) the JP may grant the application only if satisfied about
11 the matters in subsection (3)(a) and (b).
12 (5) An application must be made in writing unless --
13 (a) the application is made by remote communication; and
14 (b) it is not practicable to send the JP written material.
15 (6) If subsection (5)(a) and (b) apply --
16 (a) the application may be made orally; and
17 (b) the JP must make a written record of the application and
18 any information given in support of it.
19 (7) An application must be made on oath unless --
20 (a) the application is made by remote communication; and
21 (b) it is not practicable for the JP to administer an oath to
22 the applicant.
23 (8) If subsection (7)(a) and (b) apply --
24 (a) the application may be made in an unsworn form; and
25 (b) if the JP issues an entry warrant, the applicant must as
26 soon as is practicable send the JP an affidavit verifying
27 the application and any information given in support of
28 it.
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1 57. Further provisions relating to application for entry warrant
2 (1) If, on an application made by remote communication under
3 section 56 a JP issues an entry warrant, the JP must, if
4 practicable, send a copy of the original warrant to the applicant
5 by remote communication, but otherwise --
6 (a) the JP must send the applicant by remote
7 communication any information that must be set out in
8 the warrant; and
9 (b) the applicant must complete a form of warrant with the
10 information received and give the JP a copy of the form
11 as soon as is practicable after doing so; and
12 (c) the JP must attach the copy of the form to the original
13 warrant and any affidavit received from the applicant
14 and make them available for collection by the applicant.
15 (2) The copy of the original warrant sent, or the form of the warrant
16 completed, as the case may be, under subsection (1) has the
17 same force and effect as the original warrant.
18 (3) If an applicant contravenes section 56(8)(b) or subsection (1)(b),
19 any evidence obtained under the entry warrant is not admissible
20 in proceedings in a court.
21 58. Issuing entry warrant
22 (1) A JP may issue an entry warrant if satisfied that it is necessary
23 for an inspector to enter a place or vehicle for inspection
24 purposes.
25 (2) An entry warrant must contain the following information --
26 (a) a reasonably particular description of the place or
27 vehicle to which it relates;
28 (b) a reasonably particular description of the inspection
29 purpose for which entry to the place or vehicle is
30 required;
31 (c) the period, not exceeding 30 days, during which it may
32 be executed;
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1 (d) the name of the JP who issued it;
2 (e) the date and time when it was issued.
3 (3) If a JP refuses to issue an entry warrant, the JP must record on
4 the application the fact of, the date and time of, and the reasons
5 for, the refusal.
6 59. Effect of entry warrant
7 (1) An entry warrant has effect according to its contents and this
8 section.
9 (2) An entry warrant comes into force when it is issued by a JP.
10 (3) An entry warrant authorises the inspector executing the warrant,
11 during the period of the warrant --
12 (a) to enter the place or vehicle described in the warrant;
13 and
14 (b) to exercise the powers conferred by Division 3.
15 60. Execution of entry warrant
16 (1) An entry warrant may be executed by the inspector to whom it
17 is issued or by any other inspector.
18 (2) An inspector executing an entry warrant must, at the reasonable
19 request of a person apparently in control or management of the
20 place or in charge of the vehicle, produce the warrant.
21 Division 5 -- Other provisions
22 61. Time and place for compliance with direction
23 An inspector may specify the date and time when, and place
24 where, a direction given under this Act must be complied with.
25 62. Direction may be given orally or in writing
26 (1) A direction under this Act may be given by an inspector orally
27 or in writing.
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1 (2) A direction that is given orally must be confirmed in writing
2 within 5 business days after it is given, unless within that period
3 it is complied with or cancelled.
4 (3) Failure to comply with subsection (2) does not invalidate the
5 direction.
6 63. Exercise of power may be recorded
7 An inspector may record the exercise of a power under this Act,
8 including by making an audiovisual recording.
9 64. Assistance to exercise powers
10 (1) An inspector exercising a power under this Act may authorise as
11 many other persons to assist in exercising the power as are
12 reasonably necessary in the circumstances.
13 (2) A person who under subsection (1) is authorised by an inspector
14 to assist in exercising a power must obey any lawful and
15 reasonable direction given to the person by the inspector when
16 assisting in exercising the power.
17 (3) For the purposes of section 89, a person who assists in
18 exercising a power under this Act having been authorised by an
19 inspector to do so is to be taken to be performing a function
20 under this Act.
21 (4) The protection from liability given to a person because of the
22 operation of subsection (3) does not extend to anything done or
23 omitted to be done by the person in contravention of a lawful
24 and reasonable direction referred to in subsection (2).
25 65. Use of force
26 (1) When exercising a power under this Act an inspector, and any
27 person assisting an inspector, may use any force against any
28 person or thing that is reasonably necessary in the
29 circumstances --
30 (a) to exercise the power; and
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s. 66
1 (b) to overcome any resistance to exercising the power that
2 is offered, or that the inspector reasonably suspects will
3 be offered, by any person.
4 (2) However, if the use of force is likely to cause significant
5 damage to property, an inspector officer or person assisting an
6 inspector is not entitled to use force unless the inspector's CEO
7 or the Director General has, in the particular case, given the
8 inspector prior written authorisation to do so.
9 (3) Any use of force under this section against a person is subject to
10 The Criminal Code Chapter XXVI.
11 66. Evidence obtained improperly
12 (1) This section applies if in the purported exercise of a power
13 conferred by this Act or by an entry warrant issued or
14 purportedly issued under this Act --
15 (a) a thing relevant to an offence is seized or obtained; and
16 (b) a requirement of this Act in relation to exercising the
17 power or issuing the entry warrant, including a
18 requirement that arises before or after the exercise of the
19 power or the issue of the entry warrant, is contravened.
20 (2) Any evidence derived from the thing seized or obtained or from
21 the exercise of the power is not admissible in any criminal
22 proceedings against a person in a court unless --
23 (a) the person does not object to the admission of the
24 evidence; or
25 (b) the court decides otherwise under subsection (3).
26 (3) The court may nevertheless decide to admit the evidence if it is
27 satisfied that the desirability of admitting the evidence
28 outweighs the undesirability of admitting the evidence.
29 (4) In making a decision under subsection (3) the court must take
30 into account each of the following --
31 (a) any objection to the evidence being admitted by the
32 person against whom the evidence may be given;
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1 (b) the seriousness of the offence in respect of which the
2 evidence is relevant;
3 (c) the seriousness of any contravention of this Act in
4 obtaining the evidence;
5 (d) whether any contravention of this Act in obtaining the
6 evidence --
7 (i) was intentional or reckless; or
8 (ii) arose from an honest and reasonable mistake of
9 fact;
10 (e) the probative value of the evidence;
11 (f) any other matter the court thinks fit.
12 (5) The probative value of the evidence does not by itself justify its
13 admission.
14 67. Compliance with directions
15 (1) A person must not contravene a direction given to the person by
16 an inspector under this Act.
17 Penalty for this subsection: a fine of $5 500.
18 (2) It is a defence to a charge of an offence under subsection (1) to
19 prove that the person charged had a reasonable excuse.
20 68. False or misleading information
21 (1) A person must not give false or misleading information to an
22 inspector who is carrying out a function under this Act.
23 Penalty for this subsection: a fine of $5 500.
24 (2) For the purposes of subsection (1), a person gives false or
25 misleading information to an inspector if the person does one or
26 more of the following --
27 (a) states anything to the inspector that the person knows is
28 false or misleading in a material particular;
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s. 69
1 (b) omits from a statement made to an inspector anything
2 without which the statement is, to the person's
3 knowledge, misleading in a material particular;
4 (c) gives or produces any record or other document to the
5 inspector that --
6 (i) the person knows is false or misleading in a
7 material particular; or
8 (ii) omits anything without which the record or other
9 document is, to the person's knowledge,
10 misleading in a material particular.
11 69. Obstruction or impersonation of inspector
12 (1) A person must not obstruct an inspector or a person assisting an
13 inspector in the exercise or attempted exercise of a power under
14 this Act.
15 Penalty for this subsection: a fine of $5 500.
16 (2) A person must not impersonate, or falsely represent that the
17 person is, an inspector.
18 Penalty for this subsection: $5 500.
19 70. Releasing animals for the purpose of hunting
20 A person must not release a game animal into the wild for the
21 purpose of hunting the animal or its progeny.
22 Penalty: $5 500.
23 71. Interfering with authorised hunting on public hunting land
24 (1) A person must not, without reasonable excuse, engage in any
25 conduct on public hunting land that interferes, or with the
26 intention of interfering, with hunting game animals on that land
27 by another person under a game hunting licence.
28 Penalty for this subsection: $5 500.
29 (2) Subsection (1) does not apply if the person has lawful authority
30 to interfere with the hunting carried out by the other person.
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1 (3) An offence under this section cannot be prescribed for the
2 purposes of section 86(3).
3 (4) In this section --
4 hunting game animals includes retrieving a game animal;
5 interfere with includes prevent or hinder.
6 72. Self incrimination not an excuse
7 (1) An individual is not excused from complying with a direction
8 under this Act to provide information or answer questions, or to
9 produce any record or thing, on the ground that the information,
10 answer, record or thing might incriminate the individual or
11 make the individual liable to a penalty.
12 (2) However, any information or answer provided, or document or
13 thing produced, by an individual in compliance with a direction
14 under this Act is not admissible in evidence in any proceedings
15 against the individual other than proceedings for perjury or an
16 offence against section 68.
17 73. Orders for forfeiture or disposal of seized things
18 (1) In this section --
19 seized thing means a thing seized --
20 (a) under section 52; or
21 (b) under the CI Act in the exercise of powers in respect of
22 an offence.
23 (2) A court that convicts a person of an offence may make an order
24 for the forfeiture to the State, or the destruction or disposal, of a
25 seized thing if the court is satisfied that the thing was the subject
26 of, used in, or otherwise involved in, the commission of the
27 offence.
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s. 74
1 74. Application of Criminal and Found Property Disposal
2 Act 2006
3 The Criminal and Found Property Disposal Act 2006 applies to
4 and in respect of --
5 (a) any thing seized under section 52 unless the thing is
6 dealt with under section 53(2) or 54(1); and
7 (b) any thing forfeited under section 73.
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Game and Feral Animal Control Bill 2018
Part 5 Legal proceedings
Division 1 General provisions relating to offences
s. 75
1 Part 5 -- Legal proceedings
2 Division 1 -- General provisions relating to offences
3 75. Who can commence prosecution
4 A prosecution for an offence may be commenced only by a
5 CEO or the Director General or a person authorised to do so by
6 a CEO or the Director General.
7 76. Time for commencing prosecution
8 (1) A prosecution for an offence must be commenced within
9 3 years after the day on which the offence is alleged to have
10 been committed.
11 (2) Despite subsection (1), if a prosecution notice alleging an
12 offence specifies the day on which evidence of the alleged
13 offence first came to the attention of a person who has authority
14 to commence the prosecution --
15 (a) the prosecution may be commenced within 3 years after
16 that day; and
17 (b) the prosecution notice need not contain particulars of the
18 day on which the offence is alleged to have been
19 committed.
20 (3) The day on which evidence first came to the attention of a
21 person who has authority to commence the prosecution is, in the
22 absence of proof to the contrary, the day specified in the
23 prosecution notice.
24 77. Attempt, incitement or accessory after the fact
25 (1) In this section --
26 accessory after the fact to an offence has the meaning given in
27 The Criminal Code section 10.
28 (2) The Criminal Code section 555A applies to an offence as if it
29 were a simple offence under that Code.
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s. 78
1 (3) A person who becomes an accessory after the fact to an offence
2 (the principal offence) commits an offence and is liable on
3 conviction to the penalty to which a person convicted of the
4 principal offence is liable.
5 78. Court may cancel or suspend licence
6 (1) If a court convicts a game hunting licence holder of a game
7 hunting offence, the court may, in addition to any other penalty
8 it imposes in relation to the offence --
9 (a) cancel, or suspend for any period, the game hunting
10 licence held by the person;
11 (b) if the game licence is cancelled, disqualify the offender
12 from holding another game hunting licence for a period
13 specified by the court.
14 (2) A court must not cancel or suspend a licence under
15 subsection (1) unless the prosecutor applies for its cancellation
16 or suspension.
17 (3) In this section, a game hunting offence means --
18 (a) an offence under this Act or the regulations; or
19 (b) an offence relating to the hunting of an animal that
20 causes the death or injury of a person or damage to
21 property, or that causes a risk of any such death, injury
22 or damage.
23 Division 2 -- Evidentiary provisions
24 79. Terms used
25 In this Division --
26 specified, in relation to a certificate or prosecution notice,
27 means specified in the certificate or prosecution notice, as the
28 case requires.
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Division 2 Evidentiary provisions
s. 80
1 80. Presumption as to identity of alleged offender
2 In proceedings for an offence, if the name of the accused in the
3 prosecution notice for the offence is the name given by the
4 alleged offender at the time of, or immediately following, the
5 occurrence giving rise to the offence, the accused is, in the
6 absence of proof to the contrary, to be taken to be the alleged
7 offender.
8 81. Presumption as to place of offence
9 In proceedings for an offence, an allegation in the prosecution
10 notice that an act occurred on land of a particular description, is,
11 on the act being proved and in the absence of proof to the
12 contrary, to be taken to be proved.
13 82. Presumption as to type of game animal
14 In proceedings for an offence, an allegation in the prosecution
15 notice that an act occurred in relation to a species of game
16 animal, is, on the act being proved and in the absence of proof
17 to the contrary, to be taken to be proved.
18 83. Evidence as to authority or status
19 In proceedings for an offence, an allegation in the prosecution
20 notice of any of the following matters is, in the absence of proof
21 to the contrary, to be taken to be proved --
22 (a) that the prosecutor is authorised to commence the
23 prosecution;
24 (b) that on a specified day or during a specified period a
25 specified person was or was not the holder of a game
26 hunting licence;
27 (c) that on a specified day or during a specified period a
28 specified person was or was not authorised to do a
29 specified thing under a game hunting licence;
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s. 84
1 (d) that on a specified day or during a specified period a
2 game hunting licence was cancelled, suspended or for
3 any other reason of no effect;
4 (e) that on a specified day or during a specified period a
5 game hunting licence was subject to a specified
6 condition;
7 (f) that on a specified day or during a specified period a
8 species of animal was a game animal;
9 (g) that on a specified day or during a specified period a
10 specified area of public hunting land was subject to an
11 exclusion or other notice issued or erected by a statutory
12 authority or other person having the care, control and
13 management of the land;
14 (h) that on a specified day or during a specified period a
15 person was an inspector or a person assisting an
16 inspector;
17 (i) that on a specified day or during a specified period a
18 person held a specified office;
19 (j) that on a specified day or during a specified period a
20 person belonged to a class of persons prescribed by the
21 regulations.
22 84. Evidence as to notices and codes of practice
23 (1) Subsection (2) applies to the following documents --
24 (a) a notice given under this Act;
25 (b) a code of practice that has been approved under this Act.
26 (2) In proceedings for an offence, production of a copy of a
27 document to which this subsection applies certified by a CEO or
28 the Director General as a true copy as at any date or during any
29 period is proof of the contents of the document as at that date or
30 during that period.
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s. 85
1 (3) In the absence of proof to the contrary, it is to be presumed that
2 a document purporting to have been signed by the Minister, the
3 Director General, a CEO or an inspector was signed by a person
4 who at the time was the Minister, a CEO or an inspector, as the
5 case requires.
6 85. Provisions in addition to Evidence Act 1906
7 This Division is in addition to and does not affect the operation
8 of the Evidence Act 1906.
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Game and Feral Animal Control Bill 2018
Miscellaneous Part 6
s. 86
1 Part 6 -- Miscellaneous
2 86. Regulations
3 (1) The Governor may make regulations prescribing matters --
4 (a) required or permitted by this Act to be prescribed; or
5 (b) necessary or convenient to be prescribed for giving
6 effect to the purposes of this Act.
7 (2) The regulations may provide for offences against the regulations
8 and prescribe penalties for those offences not exceeding a fine
9 of $1 100.
10 (3) If this Act is a prescribed Act for the purposes of the Criminal
11 Procedure Act 2004 Part 2, regulations may be made
12 prescribing offences for which infringement notices may be
13 issued under that Part and other matters referred to in the
14 Criminal Procedure Act 2004 sections 5 and 6.
15 (4) Without limiting the Criminal Procedure Act 2004 section 5,
16 regulations made under subsection (3) may provide for an
17 inspector to be appointed as an approved officer or authorised
18 officer.
19 87. Giving documents
20 (1) A document required or authorised to be given under this Act to
21 a person may be given to the person by --
22 (a) giving it to the person personally; or
23 (b) leaving it at the person's place of residence or business;
24 or
25 (c) sending it by prepaid post (including document
26 exchange) addressed to the person --
27 (i) in accordance with the Interpretation Act 1984
28 section 75(1); or
29 (ii) at an address appearing on recent correspondence
30 addressed by or on behalf of the person to the
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s. 88
1 Director General or otherwise notified to the
2 Director General or published by the person; or
3 (iii) at an address shown in the rate book kept by a
4 local government under the Local Government
5 Act 1995 as the address for the service of rate
6 notices under that Act on that person;
7 or
8 (d) faxing it to a fax number, or emailing it to an email
9 address, provided by the person or appearing on recent
10 correspondence addressed by or on behalf of the person
11 to the Director General or otherwise notified to the
12 Director General or published by the person; or
13 (e) communicating it in some other way agreed with the
14 person.
15 (2) The use of a particular method for giving a document to a
16 person does not prevent the giving of other documents to the
17 same person in a different way.
18 88. Time when document given
19 (1) A document that is left for, or faxed or emailed to, a person is
20 taken to be given on the business day following the day on
21 which the document was left for, or faxed or emailed to, the
22 person to whom it was addressed, unless the contrary is proved.
23 (2) A document that is sent by post is taken to be given at the time
24 provided for the Interpretation Act 1984 section 75(1).
25 89. Protection from liability for wrongdoing
26 (1) An action in tort does not lie against a person for anything that
27 the person has done, in good faith, in the performance or
28 purported performance of a function under this Act.
29 (2) The State is also relieved of any liability that it might otherwise
30 have had for another person having done anything as described
31 in subsection (1).
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s. 90
1 (3) The protection given by this section applies even though the
2 thing done as described in subsection (1) may have been
3 capable of being done whether or not this Act had been enacted.
4 (4) In this section, a reference to the doing of anything includes a
5 reference to an omission to do anything.
6 90. Information sharing
7 (1) In this section --
8 authorised officer means the Director General or a person
9 designated under subsection (2);
10 guidelines means guidelines issued under subsection (7);
11 information sharing agency means any of the following --
12 (a) the department of the Public Service principally
13 assisting in the administration of the AW Act;
14 (b) the department of the Public Service principally
15 assisting in the administration of the BC Act;
16 (c) the department of the Public Service principally
17 assisting in the administration of the CALM Act;
18 (d) the department of the Public Service principally
19 assisting in the administration of the LA Act;
20 (e) the Police Force of Western Australia;
21 (f) a public authority prescribed for the purposes of this
22 definition;
23 (g) an agency of the Commonwealth, another State, or a
24 Territory, prescribed for the purposes of this definition;
25 officer, in relation to an information sharing agency, means --
26 (a) an officer or employee in or of the agency; or
27 (b) if the agency is the Police Force of Western
28 Australia -- a member of the Police Force of Western
29 Australia;
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s. 90
1 public authority means --
2 (a) a Minister of the State; or
3 (b) an agency or an organisation as those terms are defined
4 in the Public Sector Management Act 1994 section 3(1);
5 or
6 (c) a local government or a regional local government; or
7 (d) a body, whether incorporated or not, or the holder of an
8 office, that is established or continued for a public
9 purpose under a written law and that, under the authority
10 of a written law, performs a statutory function on behalf
11 of the State;
12 relevant information means information relevant to the
13 administration or enforcement of this Act.
14 (2) The Director General may, in writing, designate a person
15 employed in the department as an authorised officer for the
16 purposes of this section.
17 (3) An authorised officer may, in accordance with the guidelines,
18 disclose relevant information to an officer of an information
19 sharing agency.
20 (4) An authorised officer may, in accordance with the guidelines,
21 request a public authority that holds relevant information to
22 disclose the information to the authorised officer.
23 (5) Information may be disclosed under subsection (3), or in
24 compliance with a request under subsection (4), despite any
25 written law relating to confidentiality or secrecy.
26 (6) If information is disclosed, in good faith, under subsection (3),
27 or in compliance with a request under subsection (4) --
28 (a) no civil or criminal liability is incurred in respect of the
29 disclosure; and
30 (b) the disclosure is not to be regarded as a breach of any
31 duty of confidentiality or secrecy imposed by law; and
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Miscellaneous Part 6
s. 91
1 (c) the disclosure is not to be regarded as a breach of
2 professional ethics or standards or as unprofessional
3 conduct.
4 (7) The Director General must issue guidelines as to the disclosure
5 of information under subsection (3) and the requesting of
6 information under subsection (4).
7 (8) The regulations may include provisions about --
8 (a) receiving and storing information disclosed for the
9 purposes of this Act; and
10 (b) restricting access to such information.
11 91. Delegation by Minister and Director General
12 (1) The Minister may, either generally or as otherwise provided by
13 the instrument of delegation, delegate to the Director General a
14 function of the Minister under this Act or the regulations, other
15 than the functions under Division 1 of Part 3 in relation to
16 declarations.
17 (2) The Director General may, either generally or as otherwise
18 provided by the instrument of delegation, delegate a function of
19 the Director General under this Act or the regulations to --
20 (a) a public service officer of the department, who is
21 named; or
22 (b) a person for the time being holding an office in the
23 department, being an office specified,
24 in the instrument of delegation.
25 (3) The delegation must be in writing signed by the person making
26 the delegation.
27 (4) A person to whom a function is delegated under this
28 section cannot delegate that function.
29 (5) A person exercising a function that has been delegated to the
30 person under this section is taken to do so in accordance with
31 the terms of the delegation unless the contrary is shown.
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Game and Feral Animal Control Bill 2018
Part 6 Miscellaneous
s. 92
1 (6) This section does not limit the ability of the Director General to
2 exercise a function through an officer or agent.
3 92. Review of Act
4 (1) The Minister must carry out a review of the operation and
5 effectiveness of this Act as soon as is practicable after the 5th
6 anniversary of the commencement of this section.
7 (2) In the course of the review the Minister must consider and have
8 regard to --
9 (a) the policy objectives of this Act; and
10 (b) the adequacy of the penalties imposed under this Act;
11 and
12 (c) any other matters that appear to the Minister to be
13 relevant to the operation and effectiveness of this Act.
14 (3) The Minister must prepare a report based on the review and, as
15 soon as is practicable after the report is prepared, cause it to be
16 laid before each House of Parliament.
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Game and Feral Animal Control Bill 2018
Consequential amendments to other Acts Part 7
s. 93
1 Part 7 -- Consequential amendments to other Acts
2 93. Conservation and Land Management Act 1984 amended
3 (1) This section amends the Conservation and Land Management
4 Act 1984.
5 (2) Before section 45(4)(c) insert paragraph (ba):
6 (ba) if appointed as an inspector under the Game
7 and Feral Animal Control Act 2018, have the
8 functions conferred on each of them under the
9 appointment for the purposes of that Act;
10 (3) In section 46(1) after "Biodiversity Conservation Act 2016"
11 insert:
12 , the Game and Feral Animal Control Act 2018
13 (4) In section 48(1) after "Biodiversity Conservation Act 2016"
14 insert:
15 , the Game and Feral Animal Control Act 2018
16 (5) In section 133(2) delete "or the Biodiversity Conservation
17 Act 2016" and insert:
18 , the Biodiversity Conservation Act 2016 or the Game and Feral
19 Animal Control Act 2018"
20 94. Constitution Acts Amendment Act 1899 amended
21 (1) This section amends the Constitution Acts Amendment Act 1899.
22 (2) In Schedule V Part 3 after the item relating to the Fremantle
23 Port Authority insert:
24 The Game and Feral Animal Control Advisory Board
25 established under the Game and Feral Animal Control
26 Act 2018.
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Game and Feral Animal Control Bill 2018
Part 7 Consequential amendments to other Acts
s. 95
1 95. Land Administration 1997 amended
2 (1) This section amends the Land Administration Act 1997.
3 (2) In section 9(1) after "this Act" insert:
4 or the Game and Feral Animal Control Act 2018
5 (3) Before section 275 insert:
6 275B. Appointment under Game and Feral Animal Control
7 Act 2018
8 The chief executive officer of the Department may
9 appoint a person authorised under section 34(1) or
10 139(1) to be an inspector under the Game and Feral
11 Animal Control Act 2018.
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Game and Feral Animal Control Bill 2018
Game animals Schedule 1
1 Schedule 1 -- Game animals
2 [s. 4(1)]
3 Cat (Felis catus (feral))
4 Dog (Canis familiaris)
5 Goat (Capra hircus (feral))
6 Fox (Vulpes vulpes)
7 Hare (Lepus europaeus)
8 Rabbit (Oryctolagus cuniculus (feral))
9 Pig (Sus scrofa (feral))
10 Red Deer (Cervus elaphus)
11 Fallow Deer (Dama dama)
12 Donkey (Equus asinus (feral))
13 Camel (Camelus dromedaries (feral))
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Game and Feral Animal Control Bill 2018
Schedule 2 Public land that cannot be declared as public hunting land
1 Schedule 2 -- Public land that cannot be declared as public
2 hunting land
3 [s. 15]
4 All of the land that is designated land as that term is defined in the
5 Botanic Gardens and Parks Authority Act 1998 section 3, from time
6 to time.
7 All of the land that is the Rottnest Island Reserve as that term is
8 defined in the Rottnest Island Authority Act 1987 section 4.
9 The Bibbulmun Track
10 The Munda Biddi Trail
11 The Cape to Cape Track
12
13
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