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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA Game Management Authority Bill 2013 TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1 Purposes 1 2 Commencement 2 3 Definitions 2 PART 2--GAME MANAGEMENT AUTHORITY 4 Division 1--Establishment, powers and functions 4 4 Establishment 4 5 Objectives of the Authority 4 6 Functions 5 7 Powers of the Authority 6 8 Exercise of powers 6 9 Delegation 7 Division 2--Members of the Authority 7 10 Members of the Authority 7 11 Conditions of appointment of members 8 12 Validity of acts or decisions 10 13 Proceedings of the Authority 10 14 Pecuniary interests of members 10 15 Improper use of information 11 16 Disclosure of information 11 Division 3--Chief executive officer and staff of the Authority 13 17 Chief executive officer 13 18 Staff 13 Division 4--Financial and Administrative 13 19 Financial 13 20 Annual report 14 21 Annual business plan 14 571331B.I-11/12/2013 i BILL LA INTRODUCTION 11/12/2013
Clause Page PART 3--ENFORCEMENT AND LEGAL PROCEEDINGS 16 22 Appointment of authorised officers 16 23 Appointment of persons to perform certain functions of authorised officers 16 24 Application of Conservation, Forests and Lands Act 1987 to authorised officers 17 25 Application of Conservation, Forests and Lands Act 1987 to the Authority 17 PART 4--GENERAL 18 Division 1--Regulations 18 26 Regulations 18 Division 2--Transitional provision 18 27 Authorised officers appointed under the Conservation, Forests and Lands Act 1987 employed by the Authority 18 PART 5--AMENDMENT OF OTHER ACTS AND REPEAL 20 Division 1--Wildlife Act 1975 20 28 Definitions 20 29 Repeal of section 11 20 30 Wildlife licences 20 31 Game licences 21 32 Secretary may refuse to grant licences in certain cases 22 33 Duration of licence 24 34 Mandatory cancellation of licences 25 35 New section 25AB inserted 25 25AB Mandatory cancellation of certain licences by Game Management Authority 25 36 Power of Secretary to suspend licence 26 37 New section 25BA inserted 26 25BA Power of Game Management Authority to suspend certain licences 26 38 Making submissions on suspension 27 39 Power of Secretary to cancel a licence 27 40 New section 25DA inserted 28 25DA Power of the Game Management Authority to cancel certain licences 28 41 Authorisation to take etc. wildlife 29 42 Suspension of authorisation 30 43 Making submissions on suspension 31 44 Cancellation of authorisation 31 45 Wildlife Management Co-operative Areas 32 571331B.I-11/12/2013 ii BILL LA INTRODUCTION 11/12/2013
Clause Page 46 Offence for certain persons to enter on or remain in specified hunting area 32 47 Offence to approach a person who is hunting 32 48 Variation and revocation of banning notice 33 49 Disclosure of information for enforcement purposes 33 50 Retention notices 33 51 Statements of the Secretary as evidence 33 52 Applications for authorities to conduct controlled operations 34 53 Determination of applications 34 54 Matters to be taken into account 35 55 Form of authority 35 56 When can an authority be varied? 36 57 Application for variation of authority 37 58 Determination of application to vary authority 37 59 Form of variation of authority 37 60 Cancellation of authorities 38 61 Notification requirements 38 62 Principal law enforcement officers' reports 38 63 New Section 74OA inserted 39 74OA Game Management Authority's reports 39 64 Annual report by Victorian Inspectorate 40 65 Keeping documents connected with authorised operations 42 66 General register 43 67 New section 74RA inserted 43 74RA General Register of the Game Management Authority 43 68 Inspection of records by Victorian Inspectorate 44 69 New section 74SA inserted 45 74SA Inspection of Game Management Authority records by the Victorian Inspectorate 45 70 No delegations 46 71 Evidence of authorities 46 72 Emergency closure notices 46 73 Review of decisions 46 74 Regulations 47 75 New sections 98 to 105 inserted 47 98 Transitional provision for wildlife licences in respect of specified birds--Game Management Authority Act 2013 47 99 Transitional provision for wildlife licence applications--Game Management Authority Act 2013 48 100 Transitional provision for game licences--Game Management Authority Act 2013 49 101 Transitional provision for game licence applications-- Game Management Authority Act 2013 50 102 Transitional provision, mandatory cancellation of licence--Game Management Authority Act 2013 50 571331B.I-11/12/2013 iii BILL LA INTRODUCTION 11/12/2013
Clause Page 103 Transitional provision, submissions on suspension of licence--Game Management Authority Act 2013 51 104 Transitional provision, power to cancel licence-- Game Management Authority Act 2013 52 105 Transitional provision, review of decisions--Game Management Authority Act 2013 53 76 New Schedule inserted 56 SCHEDULE--Specified Birds 56 Division 2--Conservation, Forests and Lands Act 1987 56 77 Definitions 56 78 Secretary to be body corporate 57 79 Secretary to be subject to control 57 80 Appointment of authorised officers 57 Division 3--Public Administration Act 2004 58 81 Persons with functions of public service body Head 58 Division 4--Surveillance Devices Act 1999 58 82 Definitions 58 83 Section 25 substituted 60 25 Application of Division 60 Division 5--Repeal of amending Part 61 84 Repeal of amending Part 61 ENDNOTES 62 571331B.I-11/12/2013 iv BILL LA INTRODUCTION 11/12/2013
PARLIAMENT OF VICTORIA Introduced in the Assembly Game Management Authority Bill 2013 A Bill for an Act to establish the Game Management Authority, to amend the Wildlife Act 1975 and the Conservation, Forests and Lands Act 1987 and other Acts and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The main purposes of this Act are-- 5 (a) to establish the Game Management Authority; and (b) to make amendments to the Wildlife Act 1975 to enable the Game Management Authority to perform or exercise regulatory 10 functions or powers under that Act; and 571331B.I-11/12/2013 1 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 1--Preliminary s. 2 (c) to make consequential and miscellaneous amendments to the Conservation, Forests and Lands Act 1987, the Wildlife Act 1975 and other Acts. 5 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 July 2014, it comes into 10 operation on that day. 3 Definitions In this Act-- authorised officer means a person appointed as an authorised officer under section 22; 15 Authority means the Game Management Authority established under Part 2; Chairperson means the Chairperson of the Authority; game has the same meaning as it has in the 20 Wildlife Act 1975; game hunting includes pursuing, trailing, stalking, searching for, driving out, taking or destroying game; game licence has the same meaning as it has in 25 the Wildlife Act 1975; protected wildlife has the same meaning as it has in the Wildlife Act 1975; public land means the following-- (a) land under the Crown Land 30 (Reserves) Act 1978 including land under the Alpine Resorts Act 1983; 571331B.I-11/12/2013 2 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 1--Preliminary s. 3 (b) land in any park within the meaning of the National Parks Act 1975; (c) reserved forest within the meaning of the Forests Act 1958; 5 (d) unreserved Crown land under the Land Act 1958; (e) land in any State Wildlife Reserve or Nature Reserve, within the meaning of the Wildlife Act 1975; 10 public land manager means a person or body responsible for the management of public land; relevant law has the same meaning as it has in the Conservation, Forests and Lands Act 15 1987; threatened wildlife means protected wildlife that is specified in any list made under section 10(1) of the Flora and Fauna Guarantee Act 1988; 20 wildlife has the same meaning as it has in the Wildlife Act 1975. __________________ 571331B.I-11/12/2013 3 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 2--Game Management Authority s. 4 PART 2--GAME MANAGEMENT AUTHORITY Division 1--Establishment, powers and functions 4 Establishment (1) There is established a body called the Game 5 Management Authority. (2) The Authority-- (a) is a body corporate with perpetual succession; and (b) has an official seal; and 10 (c) may sue and be sued; and (d) may acquire, hold and dispose of real and personal property; and (e) may do and suffer all acts and things that a body corporate may by law do and suffer. 15 (3) All courts must take judicial notice of the seal of the Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed. (4) The official seal of the Authority must be kept in 20 such custody as the Authority directs and must not be used except as authorised by the Authority. 5 Objectives of the Authority The objectives of the Authority are-- (a) to promote sustainability and responsibility 25 in game hunting in Victoria; and (b) to perform its functions as set out in section 6 and exercise its powers in such a manner as it considers best achieves those functions. 571331B.I-11/12/2013 4 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 2--Game Management Authority s. 6 6 Functions The functions of the Authority are-- (a) to perform the regulatory, investigative and disciplinary functions conferred on the 5 Authority by or under this Act or any relevant law; and (b) to administer the scheme for issuing game licences under the Wildlife Act 1975 in relation to hunting, taking or destroying 10 game; and (c) to promote and monitor compliance with this Act or any relevant law in relation to game hunting; and (d) to investigate compliance with this Act and 15 any relevant law in relation to game hunting; and (e) to develop operational plans and procedures addressing-- (i) the sustainable hunting of game 20 animals; and (ii) the humane treatment of animals that are hunted or used in hunting; and (iii) strategies to minimise any negative impact on non-game wildlife, including 25 protected and threatened wildlife; and (iv) the conservation of wildlife habitats; and (f) to work with public land managers to improve the management of public land and 30 facilities on public land where hunting is permitted; and (g) to promote sustainability and responsibility in game hunting; and 571331B.I-11/12/2013 5 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 2--Game Management Authority s. 7 (h) to monitor, conduct research and analyse the environmental, social and economic impacts of game hunting and game management; and (i) to make recommendations to relevant 5 Ministers in relation to-- (i) game hunting and game management; and (ii) the control of pest animals; and (iii) declaring public land open or closed to 10 game hunting, open and closed seasons and bag limits; and (iv) the management of public and private land as it relates to game and their habitat. 15 7 Powers of the Authority For the purpose of performing its functions, the Authority-- (a) has such powers as are conferred on it by this Act or any other Act; and 20 (b) may do all other things necessary or convenient to be done for or in connection with, or as incidental to, the achievement of its objectives or the performance of its functions. 25 8 Exercise of powers (1) The Authority must exercise its powers and perform its functions under this Act or any other Act subject to any written directions given by the Minister. 30 (2) If the Authority is given a written direction under subsection (1), the Authority must publish the direction in its annual report. 571331B.I-11/12/2013 6 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 2--Game Management Authority s. 9 9 Delegation The Authority may, by instrument under its official seal, delegate any function or power of the Authority, other than this power of delegation, 5 to-- (a) an employee of the Authority; or (b) any person who is employed under Part 3 of the Public Administration Act 2004. Division 2--Members of the Authority 10 10 Members of the Authority (1) The Authority is to consist of not less than 5 members and not more than 9 members. (2) Members of the Authority are appointed by the Minister including-- 15 (a) one member who is to be appointed as the Chairperson; and (b) one member who is to be appointed as the Deputy Chairperson. (3) In appointing a member under subsection (2), the 20 Minister must-- (a) appoint a person who, in the opinion of the Minister, has the skills, experience or knowledge that will assist the Authority to carry out its functions and achieve its 25 objectives; and (b) attempt to ensure that collectively the members of the Authority have skills, experience or knowledge relating to-- (i) legal practice; and 30 (ii) finance or accounting; and (iii) wildlife biology or ecology; and 571331B.I-11/12/2013 7 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 2--Game Management Authority s. 11 (iv) animal welfare; and (v) public administration; and (vi) communications; and (vii) Aboriginal culture and identity as they 5 relate to game hunting and game management; and (viii) private land management as it relates to agriculture; and (ix) public land management; and 10 (x) game hunting; and (xi) game and wildlife management, including pest animal management. 11 Conditions of appointment of members (1) A member-- 15 (a) holds office for the period specified in the instrument of appointment, which must be a period of not more than 3 years; and (b) holds office on the terms and conditions determined by the Minister; and 20 (c) may be reappointed; and (d) may resign from office by delivering a signed letter of resignation to the Minister; and (e) in respect of the office of member, is subject 25 to the Public Administration Act 2004 (other than Part 3 of that Act). (2) The office of a member becomes vacant if the member-- (a) becomes insolvent under administration; or 30 (b) is found guilty of an indictable offence; or 571331B.I-11/12/2013 8 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 2--Game Management Authority s. 11 (c) is absent from 2 consecutive meetings of the Authority without the approval of the Authority; or (d) retires, resigns or dies. 5 (3) The Minister may remove a member from office if the member-- (a) becomes incapable of performing his or her duties; or (b) is negligent in the performance of those 10 duties; or (c) engages in improper conduct; or (d) fails to declare a pecuniary interest as required by section 14; or (e) is found guilty of an offence against this Act, 15 the Wildlife Act 1975 or regulations made under the Wildlife Act 1975. (4) A member who is not an employee in the public service is entitled to the remuneration and allowances (if any) fixed by the Minister. 20 (5) An instrument of appointment may specify other terms and conditions of employment not inconsistent with this Act. (6) If the office of a member becomes vacant before the end of the term of the office, the Minister may 25 appoint in accordance with section 10 a person to fill the vacancy and to hold office, subject to this Act, for the remainder of the term. (7) If the vacancy occurs within 6 months of the end of the term of the office, the office may be left 30 vacant for the remainder of the term. 571331B.I-11/12/2013 9 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 2--Game Management Authority s. 12 12 Validity of acts or decisions An act or decision of the Authority is not invalid by reason only of-- (a) any vacancy in the office of a member; or 5 (b) any defect or irregularity in or in connection with the appointment of a member. 13 Proceedings of the Authority (1) Four members of whom at least one must be either the Chairperson or the Deputy Chairperson 10 constitutes a quorum. (2) A question arising at a meeting of the Authority must be determined by a majority of votes of members present and voting on the question. (3) If voting is equal, the person presiding has a 15 casting, as well as a deliberative, vote. (4) The person presiding at a meeting must ensure that minutes of the meeting are kept. (5) Subject to this Act, the Authority may regulate its own proceedings. 20 14 Pecuniary interests of members (1) A member who has a pecuniary interest in a matter being considered or about to be considered by the Authority must as soon as practical after the relevant facts have come to the member's 25 knowledge declare the nature of that interest at a meeting of the Authority. Penalty: 60 penalty units. (2) Subsection (1) does not apply in the case of a member engaged in game hunting, game 30 management or wildlife management if the interest is no greater than that of any other person so engaged. 571331B.I-11/12/2013 10 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 2--Game Management Authority s. 15 (3) The Chairperson of a meeting at which a declaration is made under this section must cause a record of the declaration to be made in the minutes of the meeting. 5 (4) Unless the Authority otherwise resolves, a member who has made a declaration under subsection (1) must not be present during any deliberation with respect to, or vote on, the matter in respect of which the declaration is made. 10 Penalty: 60 penalty units. 15 Improper use of information A person who is, or has been, a member, officer or employee of the Authority must not make improper use of any information acquired in the 15 course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or for any other person. Penalty: 60 penalty units. 16 Disclosure of information 20 (1) A person who is, or has been, a member, officer or employee of the Authority or an authorised officer must not disclose any information obtained during the course of the person's duties except as authorised under this section. 25 Penalty: 50 penalty units. (2) A person referred to in subsection (1) is authorised and may disclose information obtained in the course of his or her duties-- (a) if the person reasonably believes that the 30 disclosure is necessary-- (i) for or in connection with the administration of this Act or any relevant law; or 571331B.I-11/12/2013 11 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 2--Game Management Authority s. 16 (ii) to assist a relevant person or an authorised officer to exercise a power or perform a duty or function, under this Act or any relevant law; or 5 (b) in the following circumstances-- (i) for the purposes of any legal proceedings arising out of this Act, or any relevant law, or of any report of such proceedings; 10 (ii) for the purposes of any other legal proceedings; (iii) to a court or tribunal in the course of legal proceedings; (iv) pursuant to an order of a court or 15 tribunal; (v) to the extent reasonably required for any other law enforcement purposes; (vi) with the written authority of the Authority; 20 (vii) with the written authority of the person to whom the information relates. (3) In this section-- relevant person means-- (a) the Authority; or 25 (b) the Secretary to the Department of Environment and Primary Industries; or (c) a person authorised by the Authority to take proceedings under section 96(1) of the Conservation, Forests and Lands 30 Act 1987; or (d) the Director of Public Prosecutions; or (e) a member of the police force. 571331B.I-11/12/2013 12 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 2--Game Management Authority s. 17 Division 3--Chief executive officer and staff of the Authority 17 Chief executive officer (1) Subject to subsection (2), the Chairperson must employ a chief executive officer of the Authority. 5 (2) The chief executive officer is to be employed-- (a) under Part 3 of the Public Administration Act 2004; and (b) subject to terms and conditions that are approved by the Minister (on the 10 recommendation of the members of the Authority) and specified in the instrument of appointment. 18 Staff (1) There may be employed under Part 3 of the 15 Public Administration Act 2004 any persons that are necessary for the purposes of performing the functions of the Authority. (2) The Authority may enter into agreements or arrangements for the use of the services of any 20 staff of a Department, statutory authority or other public body. Division 4--Financial and Administrative 19 Financial (1) The Authority must establish and keep a Game 25 Management Authority Account. (2) The Authority must pay all money received by it into the account, including income from the investments of the account. 571331B.I-11/12/2013 13 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 2--Game Management Authority s. 20 (3) Out of the account, the Authority must pay-- (a) the expenses incurred by it in carrying out its functions, powers and duties; and (b) any other expenses incurred in the 5 administration of this Act. 20 Annual report (1) On or before 30 September each year the Authority must submit to the Minister a report of its operations for the year ending on 30 June that 10 year. (2) The report must also contain any information relating to the Authority's objectives or functions specifically requested by the Minister. (3) The Minister must cause each annual report 15 submitted to him or her under this section to be laid before each House of Parliament within 7 sitting days after receiving it. 21 Annual business plan (1) Each year the Authority must submit to the 20 Minister for approval, on or before the date required by the Minister, a draft business plan that sets out-- (a) its objectives and priorities for the next 3 financial years; and 25 (b) financial projections for that period; and (c) its budget for the next financial year; and (d) what it intends to do over the next financial year; and (e) any other matters that the Minister requires 30 in writing. 571331B.I-11/12/2013 14 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 2--Game Management Authority s. 21 (2) After amending its draft business plan in any way required by the Minister, the Authority must submit a final business plan to the Minister for approval on or before the date required by the 5 Minister. (3) The Authority must not depart significantly from its budget without first obtaining the approval of the Minister. (4) The Authority must have regard to its current 10 business plan in carrying out its functions. (5) The Authority must ensure that a copy of its current business plan is-- (a) available for inspection by members of the public at its principal place of business 15 whenever that place is open to the public; and (b) published on the Internet. __________________ 571331B.I-11/12/2013 15 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 3--Enforcement and Legal Proceedings s. 22 PART 3--ENFORCEMENT AND LEGAL PROCEEDINGS 22 Appointment of authorised officers (1) The Authority may appoint as authorised officers-- 5 (a) any specified employee or a specified class of employees employed by the Authority; or (b) any person who is employed under Part 3 of the Public Administration Act 2004; or (c) any specified person or any specified class of 10 persons. (2) An authorised officer may be appointed under subsection (1)-- (a) for the purposes of all or any relevant laws; and 15 (b) for the whole or part of Victoria. (3) The Authority must give to each authorised officer a certificate of appointment stating-- (a) the relevant law for the purposes of which the person is appointed an authorised officer; 20 and (b) whether the person is appointed for the whole or part of Victoria and, if for part of Victoria, specifying the part of Victoria for which the person is appointed. 25 23 Appointment of persons to perform certain functions of authorised officers (1) The Authority may appoint-- (a) any specified employee or a specified class of employees employed by the Authority; or 30 (b) any person who is employed under Part 3 of the Public Administration Act 2004; or 571331B.I-11/12/2013 16 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 3--Enforcement and Legal Proceedings s. 24 (c) any specified person or any specified class of persons-- to perform any of the powers, functions or duties of authorised officers that are specified by the 5 Authority. (2) An appointment may be made under subsection (1) for the whole or part of Victoria. 24 Application of Conservation, Forests and Lands Act 1987 to authorised officers 10 Part 9 (except sections 83 and 84) of the Conservation, Forests and Lands Act 1987 applies to an authorised officer appointed by the Authority as if the authorised officer were appointed by the Secretary under the 15 Conservation, Forests and Lands Act 1987. 25 Application of Conservation, Forests and Lands Act 1987 to the Authority For the purposes of this Part, in sections 87, 88 (except sections 88(1)(c) and (7)), 88A, 89, 96 20 (except section 96(1)(aa)), 97 and 98 (except section 98(3)(b), (c), (d), (e), (g), 98(8)(a) and 98(12)) of the Conservation, Forests and Lands Act 1987, a reference to the Secretary applies as if it were a reference to the Authority. __________________ 571331B.I-11/12/2013 17 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 4--General s. 26 PART 4--GENERAL Division 1--Regulations 26 Regulations (1) The Governor in Council may make regulations 5 for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations may-- 10 (a) be of general or limited application; and (b) differ according to differences in time, place or circumstances; and (c) provide in a specified case or class of cases for the exemption of persons or things from 15 any of the provisions of the regulations-- (i) whether unconditionally or on specified conditions; and (ii) either wholly or to any extent that is specified. 20 Division 2--Transitional provision 27 Authorised officers appointed under the Conservation, Forests and Lands Act 1987 employed by the Authority (1) This section applies to a person who-- 25 (a) immediately before the commencement day, is an authorised officer appointed under section 83 of the Conservation, Forests and Lands Act 1987; and (b) on the commencement day, is employed by 30 the Authority. 571331B.I-11/12/2013 18 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 4--General s. 27 (2) For a period of 28 days commencing on and including the commencement day, the person continues to be an authorised officer appointed under section 83 of the Conservation, Forests 5 and Lands Act 1987 unless the Authority appoints the person as an authorised officer under this Act within that period. (3) In this section-- commencement day means the day on which 10 section 3 comes into operation. __________________ 571331B.I-11/12/2013 19 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 28 PART 5--AMENDMENT OF OTHER ACTS AND REPEAL Division 1--Wildlife Act 1975 28 Definitions See: (1) In section 3(1) of the Wildlife Act 1975 insert the Act No. 5 8699. following definitions-- Reprint No. 9 as at "Game Management Authority means the Game 27 April 2012 and Management Authority established under amending Part 2 of the Game Management Authority Act Nos 65/2010, Act 2013; 46/2012, 10 82/2012 and specified birds means the birds prescribed in the 4/2013. Schedule;". LawToday: www. (2) In section 3(1) of the Wildlife Act 1975, for the legislation. vic.gov.au definition of authorised officer substitute-- "authorised officer means-- 15 (a) a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of this Act; or (b) a person appointed as an authorised 20 officer under the Game Management Authority Act 2013 for the purposes of this Act;". 29 Repeal of section 11 Section 11 of the Wildlife Act 1975 is repealed. 25 30 Wildlife licences (1) In section 22(1) of the Wildlife Act 1975-- (a) for "The Secretary" substitute "Subject to subsection (2), the Secretary"; (b) after "wildlife" (where twice occurring) 30 insert "(other than specified birds)". 571331B.I-11/12/2013 20 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 31 (2) After section 22(1) of the Wildlife Act 1975 insert-- "(2) The Game Management Authority may license a person to do all or any of the 5 following in respect of specified birds-- (a) take or destroy the birds; (b) buy, sell, acquire, receive, dispose of, keep, possess, control, breed or display the birds.". 10 (3) In section 22(3)(b)(ii), (3A) and (4) of the Wildlife Act 1975, after "Secretary" (wherever occurring) insert "or the Game Management Authority (as appropriate)". 31 Game licences 15 (1) In section 22A(1) and (2) of the Wildlife Act 1975, for "Secretary" substitute "Game Management Authority". (2) In section 22A(3) of the Wildlife Act 1975-- (a) for "Secretary" (where first occurring) 20 substitute "Game Management Authority"; (b) for "Secretary" (where secondly occurring) substitute "Authority". (3) In section 22A(4A) and (4B) of the Wildlife Act 1975, for "Secretary" substitute "Game 25 Management Authority". (4) In section 22A(5) of the Wildlife Act 1975-- (a) for "Secretary" (where first occurring) substitute "Game Management Authority"; (b) for "Secretary" (where secondly occurring) 30 substitute "Authority". (5) In section 22A(6) of the Wildlife Act 1975, for "Secretary" substitute "Game Management Authority". 571331B.I-11/12/2013 21 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 32 (6) In section 22A(7A) of the Wildlife Act 1975-- (a) for "Secretary" (where first occurring) substitute "Game Management Authority"; (b) for "Secretary" (where secondly occurring) 5 substitute "Authority". (7) In section 22A(7B) of the Wildlife Act 1975, for "Secretary" substitute "Game Management Authority". (8) In section 22A(7C) of the Wildlife Act 1975-- 10 (a) for "Secretary" (where first occurring) substitute "Game Management Authority"; (b) for "Secretary" (where secondly occurring) substitute "Authority". 32 Secretary may refuse to grant licences in certain 15 cases (1) Insert the following heading to section 23 of the Wildlife Act 1975-- "Grant of wildlife licences may be refused in certain cases". 20 (2) In section 23(1) of the Wildlife Act 1975, after "section 22" insert "(except a licence in respect of specified birds)". (3) After section 23(1) of the Wildlife Act 1975 insert-- 25 "(1A) The Game Management Authority may refuse to grant any application for a licence referred to in section 22 in respect of specified birds or to renew a licence in respect of specified birds if the Authority is 30 satisfied that-- (a) the applicant is not a fit and proper person to hold a licence in respect of specified birds; or 571331B.I-11/12/2013 22 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 32 (b) the premises specified in the application for grant or renewal as being the premises which is to house the specified birds-- 5 (i) are not suitable for housing specified birds; or (ii) are premises in respect of which a licence has already been issued; or (c) the issue of the licence would be 10 deleterious to the welfare of specified birds; or (d) the number of licences in force ought to be limited; or (e) the applicant has been found guilty of 15 an offence against this Act or a corresponding previous enactment; or (f) the applicant is already a holder of a wildlife licence in respect of specified birds; or 20 (g) the applicant has failed to comply with this Act, the regulations or the conditions of his or her licence.". (4) In section 23(2) of the Wildlife Act 1975-- (a) for "any licence" substitute "a licence"; 25 (b) after "section 22" insert "(other than a licence in respect of specified birds)". (5) After section 23(2) of the Wildlife Act 1975 insert-- "(3) The Game Management Authority may vary 30 a licence in respect of specified birds in force under section 22 in any respect-- (a) on an application made in writing by the holder of the licence; and 571331B.I-11/12/2013 23 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 33 (b) on payment of any additional prescribed fees. (4) On the date of variation of a licence in respect of specified birds under subsection 5 (3), the licence is deemed to have been granted as varied.". 33 Duration of licence (1) For section 25(2) of the Wildlife Act 1975 substitute-- 10 "(2) An application for the renewal of a wildlife licence must be-- (a) made in the prescribed manner; and (b) made to-- (i) if the wildlife licence is in respect 15 of specified birds, the Game Management Authority; or (ii) in any other case, the Secretary.". (2) In section 25(3) of the Wildlife Act 1975, after "Secretary" insert "or the Game Management 20 Authority (as appropriate)". (3) For section 25(4) of the Wildlife Act 1975 substitute-- "(4) The Secretary may vary a wildlife licence (other than a wildlife licence in respect of 25 specified birds) at any time by notice in writing sent by post to the holder of the licence. (5) The Game Management Authority may vary a wildlife licence in respect of specified birds 30 at any time by notice in writing sent by post to the holder of the licence.". 571331B.I-11/12/2013 24 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 34 34 Mandatory cancellation of licences (1) Insert the following heading to section 25A of the Wildlife Act 1975-- "Mandatory cancellation of certain licences by 5 Secretary". (2) In section 25A(1) of the Wildlife Act 1975, for "a licence issued under this Part" substitute "a wildlife licence (other than a wildlife licence in respect of specified birds)". 10 (3) In section 25A(4) of the Wildlife Act 1975 after "other than" (where twice occurring) insert "a wildlife licence in respect of specified birds, a game licence or". 35 New section 25AB inserted 15 After section 25A of the Wildlife Act 1975 insert-- "25AB Mandatory cancellation of certain licences by Game Management Authority (1) The Game Management Authority must 20 cancel a wildlife licence in respect of specified birds or a game licence if the Authority is satisfied on reasonable grounds that the holder knowingly provided false or misleading information with the application. 25 (2) Before cancelling a licence under this section, the Game Management Authority must-- (a) notify the holder in writing that it is proposed to cancel the licence; and 30 (b) allow the holder 14 days within which to make oral or written submissions about the proposal. 571331B.I-11/12/2013 25 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 36 (3) In making a decision, the Game Management Authority must-- (a) have regard to the submissions; and (b) notify the holder of the decision. 5 (4) In addition to cancelling the licence, the Game Management Authority may-- (a) cancel any other game licence or wildlife licence in respect of specified birds issued to that person; and 10 (b) specify a time within which the person may not apply for another game licence or wildlife licence in respect of specified birds.". 36 Power of Secretary to suspend licence 15 (1) Insert the following heading to section 25B of the Wildlife Act 1975-- "Power of Secretary to suspend certain licences". (2) In section 25B(1) of the Wildlife Act 1975, for 20 "a licence under this Part" substitute "a wildlife licence (other than a wildlife licence in respect of specified birds)". (3) In section 25B(3) of the Wildlife Act 1975, after "wildlife" insert "(other than specified birds)". 25 37 New section 25BA inserted After section 25B of the Wildlife Act 1975 insert-- "25BA Power of Game Management Authority to suspend certain licences 30 (1) The Game Management Authority may suspend a wildlife licence in respect of specified birds or a game licence, by notice in writing given to the holder of the licence, 571331B.I-11/12/2013 26 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 38 if the Authority is satisfied, on reasonable grounds, that-- (a) the holder of the licence has been found guilty of an offence against this Act; or 5 (b) the holder of the licence has breached a condition of the licence. (2) A suspension under this section has effect-- (a) from the time specified in the notice given under subsection (1), which must 10 be after the day on which the notice is given; and (b) subject to section 25C, for the period (not exceeding 90 days) specified in the notice. 15 (3) The custody, care and management of any specified birds held under a licence which has been suspended under this section must be dealt with in accordance with the directions of the Game Management 20 Authority.". 38 Making submissions on suspension In section 25C of the Wildlife Act 1975, after "Secretary" (wherever occurring) insert "or Game Management Authority (as appropriate)". 25 39 Power of Secretary to cancel a licence (1) Insert the following heading to section 25D of the Wildlife Act 1975-- "Power of Secretary to cancel certain licences". (2) In section 25D(1) of the Wildlife Act 1975, for 30 "licence under this Part" substitute "wildlife licence (other than a wildlife licence in respect of specified birds)". 571331B.I-11/12/2013 27 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 40 (3) In section 25D(6) of the Wildlife Act 1975, after "wildlife" insert "(other than specified birds)". 40 New section 25DA inserted After section 25D of the Wildlife Act 1975 5 insert-- "25DA Power of the Game Management Authority to cancel certain licences (1) The Game Management Authority may cancel a wildlife licence in respect of 10 specified birds or a game licence if the Authority is satisfied, on reasonable grounds, that-- (a) the holder of the licence has been found guilty of an offence against this Act; or 15 (b) the holder of the licence has breached a condition of the licence. (2) Before cancelling a licence the Game Management Authority must-- (a) notify the holder that the Authority 20 proposes to cancel the licence; and (b) allow the holder of the licence an opportunity to make either oral or written submissions. (3) Submissions under subsection (2) must be 25 made within the period specified in the notice. (4) In making a decision as to whether or not to cancel a licence, the Game Management Authority must-- 30 (a) have regard to any submissions made under subsection (2) within the period specified in the notice; and 571331B.I-11/12/2013 28 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 41 (b) must notify the holder of the Authority's decision. (5) A cancellation under this section has effect from the time specified in the notice of the 5 Game Management's Authority's decision under subsection (4), which must be after the day on which the notice was given. (6) Any specified birds held under a licence which has been cancelled under this section 10 must be disposed of in accordance with the directions of the Game Management Authority.". 41 Authorisation to take etc. wildlife (1) In section 28A(1) of the Wildlife Act 1975, for 15 "The Secretary" substitute "Subject to subsection (1AA), the Secretary". (2) After section 28A(1) of the Wildlife Act 1975 insert-- "(1AA) The Secretary must consult with the Game 20 Management Authority before giving written authorisation to a person under subsection (1)(a) to hunt, take or destroy specified birds or game. (1AB) The Game Management Authority may give 25 written authorisation to a person to do all or any of the following-- (a) hunt, take or destroy game; (b) buy, sell, acquire, receive, dispose of, keep, possess, control, breed, process, 30 display, take samples from or experiment on game; (c) mark game, handle game for the purpose of marking it and interfere with the markings on game-- 571331B.I-11/12/2013 29 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 42 if the Authority is satisfied that the authorisation is necessary-- (d) for the purposes of the management, conservation, protection or control of 5 game or for the purposes of education about game, research into game or scientific or other study of game; or (e) for aboriginal cultural purposes; or (f) for the purposes of ensuring the health 10 or safety of any person or class of persons; or (g) to support a recognised wildlife management plan; or (h) to make provision for the custody, care 15 and management of game, held under another authorisation or a licence which has been suspended, during the period of that suspension.". (3) After section 28A(2)(a) of the Wildlife Act 1975 20 insert-- "(ab) by the Game Management Authority; or". (4) In section 28A(4) of the Wildlife Act 1975, after "Secretary" (where twice occurring) insert "or the Game Management Authority (as appropriate)". 25 42 Suspension of authorisation (1) In section 28D(1) of the Wildlife Act 1975, after "authorisation" (where first occurring) insert "the Secretary has given". (2) After section 28D(1) of the Wildlife Act 1975 30 insert-- "(1A) If the Game Management Authority is satisfied that there are reasonable grounds to do so, the Authority may suspend an authorisation the Authority has given, by 571331B.I-11/12/2013 30 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 43 notice in writing given to the holder of an authorisation.". (3) In section 28D(2)(a) of the Wildlife Act 1975, after "subsection (1)" insert "or (1A)". 5 (4) In section 28D(3) of the Wildlife Act 1975 after "this section" insert "by the Secretary". (5) After section 28D(3) of the Wildlife Act 1975 insert-- "(4) The custody, care and management of any 10 game or specified birds held under an authorisation which has been suspended under this section by the Game Management Authority must be dealt with in accordance with the directions of the Authority.". 15 43 Making submissions on suspension In section 28E of the Wildlife Act 1975, after "Secretary" (wherever occurring) insert "or Game Management Authority (as appropriate)". 44 Cancellation of authorisation 20 (1) In section 28F(1) of the Wildlife Act 1975, after "authorisation" insert "that the Secretary has given". (2) After section 28F(1) of the Wildlife Act 1975 insert-- 25 "(1A) If the Game Management Authority is satisfied that there are reasonable grounds to do so, the Authority may cancel an authorisation it has given.". (3) In section 28F(2) and (4) of the Wildlife Act 30 1975, after "Secretary" insert "or Game Management Authority (as appropriate)". (4) In section 28F(6) of the Wildlife Act 1975, after "authorisation" insert "the Secretary has given". 571331B.I-11/12/2013 31 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 45 (5) After section 28F(6) of the Wildlife Act 1975 insert-- "(7) Any game or specified birds held under an authorisation which has been cancelled under 5 this section must be disposed of in accordance with the directions of the Game Management Authority.". 45 Wildlife Management Co-operative Areas (1) In section 32(3) of the Wildlife Act 1975, after 10 "Secretary" insert "or the Game Management Authority (as appropriate)". (2) In section 32(4) of the Wildlife Act 1975, after "Secretary" insert "or the Game Management Authority". 15 (3) In section 32(5) of the Wildlife Act 1975, for "within the meaning of the Conservation, Forests and Lands Act 1987" substitute "or the Game Management Authority". (4) In section 32(7) of the Wildlife Act 1975, for 20 "within the meaning of the Conservation, Forests and Lands Act 1987" substitute "or the Game Management Authority". 46 Offence for certain persons to enter on or remain in specified hunting area 25 In section 58C(1A)(d) of the Wildlife Act 1975, for "Secretary" substitute "Game Management Authority". 47 Offence to approach a person who is hunting In section 58D(d) of the Wildlife Act 1975, for 30 "Secretary" substitute "Game Management Authority". 571331B.I-11/12/2013 32 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 48 48 Variation and revocation of banning notice In section 58I(1) of the Wildlife Act 1975, for "Secretary" substitute "Game Management Authority". 5 49 Disclosure of information for enforcement purposes In section 58R of the Wildlife Act 1975, for "Secretary" (wherever occurring) substitute "Game Management Authority". 50 Retention notices 10 (1) In section 60D(3) of the Wildlife Act 1975-- (a) after "Secretary" (where first occurring) insert "or the Game Management Authority (as appropriate)". (b) after "Secretary" (where secondly occurring) 15 insert "or the Authority". (2) In section 60D(4) of the Wildlife Act 1975-- (a) after "Secretary" (where first occurring) insert "or the Game Management Authority"; 20 (b) after "Secretary" (where secondly occurring) insert "or the Game Management Authority (as appropriate)". 51 Statements of the Secretary as evidence (1) Insert the following heading to section 64 of the 25 Wildlife Act 1974-- "Statements of the Secretary or the Game Management Authority as evidence". (2) At the end of section 64 of the Wildlife Act 1975 insert-- 30 "(2) A statement in writing purporting to be under the seal of the Game Management Authority to the effect that-- 571331B.I-11/12/2013 33 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 52 (a) a specified person was or was not the holder of a licence, authorisation or permit under this Act; or (b) a licence, authority or permit under this 5 Act is subject to specified conditions, restrictions or limitations; or (c) a premises is the premises specified in a licence under this Act; or (d) a specified person was or was not 10 issued with a tag under this Act-- is evidence, and in the absence of evidence to the contrary, is proof of the facts stated in it.". 52 Applications for authorities to conduct controlled 15 operations (1) In section 73(1) of the Wildlife Act 1975, after "Secretary" insert "or the Game Management Authority". (2) In section 73(2)(b) of the Wildlife Act 1975, after 20 "Secretary" insert "or the Game Management Authority (as appropriate)". (3) In section 73(3) of the Wildlife Act 1975-- (a) after "Secretary" insert "or the Game Management Authority (as appropriate)"; 25 (b) after "Secretary's" insert "or the Authority's". 53 Determination of applications In section 74 of the Wildlife Act 1975, after "Secretary" insert "or the Game Management 30 Authority (as appropriate)". 571331B.I-11/12/2013 34 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 54 54 Matters to be taken into account In section 74A of the Wildlife Act 1975, after "Secretary" insert "or the Game Management Authority (as appropriate)". 5 55 Form of authority (1) In section 74B(1) of the Wildlife Act 1975, after "controlled operation" insert "granted by the Secretary". (2) After section 74B(2) of the Wildlife Act 1975 10 insert-- "(3) An authority to conduct a controlled operation granted by the Game Management Authority must-- (a) be in writing under the seal of the 15 Game Management Authority; and (b) identify the principal law enforcement officer for the operation; and (c) identify each law enforcement officer who may engage in controlled conduct 20 for the purposes of the operation; and (d) identify the nature of the controlled conduct that the participants may engage in; and (e) identify the nature of the criminal 25 activity (including the suspected offences) in respect of which the controlled conduct is to be engaged in; and (f) identify (to the extent known) any 30 suspect; and (g) specify the period of validity of the authority (which must be a period not exceeding 3 months); and 571331B.I-11/12/2013 35 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 56 (h) specify any conditions to which the conduct of the operation is subject; and (i) state the date and time when the authority is granted; and 5 (j) identify (to the extent known)-- (i) the nature and quantity of any illicit goods that will be involved in the operation; and (ii) the route through which those 10 goods will pass in the course of the operation. (4) A person is sufficiently identified for the purposes of subsection (3)(b) or (c) if the person is identified-- 15 (a) by an assumed name under which the person is operating; or (b) by a code name or code number-- so long as the assumed name, code name or code number can be matched to the person's 20 identity by the Game Management Authority.". 56 When can an authority be varied? (1) In section 74C(1) of the Wildlife Act 1975, after "authority" insert "the Secretary has granted". 25 (2) After section 74C(1) of the Wildlife Act 1975 insert-- "(1A) The Game Management Authority may vary and authority it has granted-- (a) at any time on the Game Management 30 Authority's own initiative; or (b) on application under section 74D.". 571331B.I-11/12/2013 36 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 57 (3) In section 74C(2) of the Wildlife Act 1975, after "Secretary" insert "or the Game Management Authority (as appropriate)". 57 Application for variation of authority 5 (1) In section 74D(1) of the Wildlife Act 1975, after "Secretary" insert "or the Game Management Authority (as appropriate)". (2) In section 74D(4) of the Wildlife Act 1975-- (a) after "Secretary" insert "or the Game 10 Management Authority (as appropriate)"; (b) omit "Secretary's". 58 Determination of application to vary authority In section 74E(1) of the Wildlife Act 1975, after "Secretary" insert "or the Game Management 15 Authority". 59 Form of variation of authority (1) In section 74F of the Wildlife Act 1975, after "A variation of authority" insert ", granted by the Secretary,". 20 (2) At the end of section 74F of the Wildlife Act 1975 insert-- "(2) A variation of authority, granted by the Game Management Authority, must-- (a) be in writing under the seal of the 25 Game Management Authority; and (b) identify the authorised operation for which the authority is in force; and (c) state the date and time when the authority was varied; and 30 (d) if the authority was varied on an application under section 74D, state the name of the applicant; and 571331B.I-11/12/2013 37 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 60 (e) describe the variation having regard, if an application for variation was made, to the purposes referred to in section 74D(1) in respect of which the 5 application was made.". 60 Cancellation of authorities In section 74G(1) and (2) of the Wildlife Act 1975, after "Secretary" (where twice occurring) insert "or the Game Management Authority 10 (as appropriate)". 61 Notification requirements (1) In section 74L(1) of the Wildlife Act 1975-- (a) after "Department" insert ", the Game Management Authority"; 15 (b) after "Secretary" insert "or the Game Management Authority (as appropriate)". (2) In section 74L(2) of the Wildlife Act 1975, after "Secretary" insert "or the Game Management Authority". 20 (3) In section 74L(3) of the Wildlife Act 1975, after "Secretary" (where twice occurring) insert "or the Game Management Authority". (4) In section 74L(4) of the Wildlife Act 1975, after "Secretary" insert "or the Game Management 25 Authority (as appropriate)". 62 Principal law enforcement officers' reports In section 74N(1) of the Wildlife Act 1975, after "Secretary" insert "or Game Management Authority (as appropriate)". 571331B.I-11/12/2013 38 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 63 63 New Section 74OA inserted After section 74O of the Wildlife Act 1975 insert-- "74OA Game Management Authority's reports 5 (1) As soon as practicable, after 30 June and 31 December but no more than 2 months after each date in each year, the Game Management Authority must submit a report to the Victorian Inspectorate setting out the 10 details required by subsection (2) in relation to authorised operations conducted during the previous 6 months. (2) The report must include the following details-- 15 (a) the number of authorities that have been granted or varied by the Game Management Authority, and the number of applications for the granting or variation of authorities that have 20 been refused by the Game Management Authority, during the period to which the report relates; and (b) the nature of the criminal activities against which the authorised operations 25 were directed; and (c) the nature of the controlled conduct engaged in for the purposes of the authorised operations; and (d) if any of the authorised operations 30 involved illicit goods, a statement (to the extent known) of-- (i) the nature and quantity of the illicit goods; and 571331B.I-11/12/2013 39 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 64 (ii) the route through which the illicit goods passed in the course of the operations; and (e) details of any loss or serious damage to 5 property, or any personal injuries, occurring in the course of or as a direct result of the authorised operations; and (f) the number of authorities cancelled by the Game Management Authority or 10 that have expired during the period to which the report relates. (3) The Victorian Inspectorate may require the Game Management Authority to furnish additional information covering any 15 authorised operation to which a report relates. (4) Nothing in subsection (2)(c) or (d) requires particulars of an authorised operation to be included in a report for a period of 6 months 20 if the operation had not been completed during that period, but the particulars must instead be included in the report for the period of 6 months in which the operation is completed.". 25 64 Annual report by Victorian Inspectorate (1) For section 74P(1) and (2) of the Wildlife Act 1975 substitute-- "(1) The Victorian Inspectorate must, as soon as practicable after receipt of the report under 30 section 74O of 30 June in each year-- (a) prepare a report of the work and activities of law enforcement officers under this Part granted authorities by the Secretary for the preceding 35 12 months; and 571331B.I-11/12/2013 40 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 64 (b) give a copy of the report to the Minister and the Secretary. (1A) The Victorian Inspectorate must, as soon as practicable after receipt of the report under 5 section 74OA of 30 June in each year-- (a) prepare a report of the work and activities of law enforcement officers under this Part granted authorities by the Game Management Authority for 10 the preceding 12 months; and (b) give a copy of the report to the Minister and the Game Management Authority. (2) A report under subsection (1) or (1A)-- (a) must include comments on the 15 comprehensiveness and adequacy of the reports which were provided to the Victorian Inspectorate by-- (i) the Secretary under section 74O; or 20 (ii) the Game Management Authority under section 74OA; and (b) must not disclose any information that identifies any suspect or a participant in an operation or that is likely to lead to 25 such a person or participant being identified.". (2) In section 74P(3) of the Wildlife Act 1975-- (a) after "Secretary" insert "or the Game Management Authority (as appropriate)"; 30 (b) after "Secretary's" insert "or the Authority's". (3) In section 74P(4) of the Wildlife Act 1975 omit "on the advice of the Secretary". 571331B.I-11/12/2013 41 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 65 (4) In section 74P(5) of the Wildlife Act 1975-- (a) in paragraph (a), omit "the Secretary's"; (b) for paragraph (b) substitute-- "(b) 14 days after the day the Victorian 5 Inspectorate gave the report to-- (i) the Secretary under subsection (1); or (ii) the Game Management Authority under subsection (1A).". 10 65 Keeping documents connected with authorised operations (1) In section 74Q of the Wildlife Act 1975-- (a) after "kept" insert "in respect of any authority granted by the Secretary under this 15 Part"; (b) in paragraphs (a), (b), (c), (d) and (e) omit "and". (2) At the end of section 74Q of the Wildlife Act 1975 insert-- 20 "(2) The Game Management Authority must cause the following to be kept in respect of any authority granted by the Game Management Authority under this Part-- (a) each application for authority; 25 (b) each authority; (c) each application for variation of authority; (d) each variation of authority; (e) each order cancelling an authority; 30 (f) each report of a principal law enforcement officer under section 74L or 74N.". 571331B.I-11/12/2013 42 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 66 66 General register (1) In the heading to section 74R of the Wildlife Act 1975, after "register" insert "of the Secretary". (2) In section 74R(2) of the Wildlife Act 1975-- 5 (a) in paragraph (a), after "variation of authority" insert "made to the Secretary"; (b) in paragraph (b), after "each authority" insert "granted by the Secretary"; (c) in paragraph (c), after "each variation of 10 authority" insert "made by the Secretary". 67 New section 74RA inserted After section 74R of the Wildlife Act 1975 insert-- "74RA General Register of the Game 15 Management Authority (1) The Game Management Authority must cause a general register to be kept. (2) The general register is to specify-- (a) for each application for authority or for 20 variation of authority made to the Game Management Authority-- (i) the date of the application; and (ii) whether the application was granted, refused or withdrawn; 25 and (iii) if the application was refused or withdrawn--the date and time of the refusal or withdrawal; and (b) for each authority granted by the Game 30 Management Authority-- (i) the date and time the authority was granted; and 571331B.I-11/12/2013 43 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 68 (ii) each offence in respect of which controlled conduct under the authority was to be engaged in; and 5 (iii) the period of validity of the authority; and (iv) if the authority was cancelled, the date and time of cancellation; and (v) the date and time the authorised 10 operation began and the date of completion of the operation; and (vi) the date on which the principal law enforcement officer for the operation made a report on the 15 operation under section 74N; and (vii) if the authorised operation involved illicit goods, to the extent known-- (A) the nature and quantity of the 20 illicit goods; and (B) the route through which the illicit goods passed in the course of the operation; and (viii) details of any loss of or serious 25 damage to property, or any personal injuries, occurring in the course of or as a direct result of the operation; and (c) for each variation of authority made by 30 the Game Management Authority, the date and time the variation was made.". 68 Inspection of records by Victorian Inspectorate In the heading to section 74S of the Wildlife Act 1975, after "Inspection of" insert "Department". 571331B.I-11/12/2013 44 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 69 69 New section 74SA inserted After section 74S of the Wildlife Act 1975 insert-- "74SA Inspection of Game Management 5 Authority records by the Victorian Inspectorate (1) The Victorian Inspectorate must, from time to time and at least once every 12 months, inspect the records of the Game Management 10 Authority to determine the extent of compliance with this Part by the Game Management Authority and law enforcement officers. (2) For the purposes of an inspection under this 15 section, the Victorian Inspectorate-- (a) after notifying the Chairperson of the Game Management Authority, may enter at any reasonable time premises occupied by the Game Management 20 Authority; and (b) is entitled to have full and free access at all reasonable times to all records of the Game Management Authority that are relevant to the inspection; and 25 (c) may require a member of staff of the Game Management Authority to give the Victorian Inspectorate any information that the Victorian Inspectorate considers necessary, being 30 information that is in the member's possession, or to which the member has access, and that is relevant to the inspection. 571331B.I-11/12/2013 45 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 70 (3) The Game Management Authority must ensure that members of staff of the Game Management Authority give the Victorian Inspectorate any assistance the Victorian 5 Inspectorate reasonably requires to enable the Victorian Inspectorate to perform functions under this section.". 70 No delegations In section 74T of the Wildlife Act 1975, after 10 "Secretary" insert "and the Game Management Authority". 71 Evidence of authorities For section 74U(b) of the Wildlife Act 1975 substitute-- 15 "(b) in the absence of evidence to the contrary, is proof in any proceedings (not being criminal or disciplinary proceedings against a law enforcement officer) that (as appropriate)-- (i) the Secretary was satisfied of the facts 20 he or she was required to be satisfied of to grant the authority; or (ii) the Game Management Authority was satisfied of the facts it was required to be satisfied to grant the authority.". 25 72 Emergency closure notices In section 86A of the Wildlife Act 1975, for "Secretary" (where twice occurring) substitute "Game Management Authority". 73 Review of decisions 30 In section 86C(1) of the Wildlife Act 1975, after "Secretary" (where twice occurring) insert "or the Game Management Authority". 571331B.I-11/12/2013 46 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 74 74 Regulations (1) For section 87(1)(ah) of the Wildlife Act 1975 substitute-- "(ah) fees to be charged under this Act for any 5 purposes not expressly provided for and for services rendered by-- (i) officers of the Department within the meaning of the Conservation, Forests and Lands Act 1987; or 10 (ii) authorised officers or staff of the Game Management Authority;". (2) In section 87(7) of the Wildlife Act 1975, after "the Secretary," insert "the Game Management Authority,". 15 75 New sections 98 to 105 inserted After section 97 of the Wildlife Act 1975 insert-- "98 Transitional provision for wildlife licences in respect of specified birds--Game 20 Management Authority Act 2013 (1) This section applies to a wildlife licence if-- (a) it is issued under section 22 by the Secretary in the prescribed category of Game Bird Farmer Licence; and 25 (b) it is in force immediately before the commencement day. (2) On and after the commencement day, the wildlife licence is taken to be a wildlife licence issued by the Game Management 30 Authority in respect of specified birds and remains in force for the period specified in the licence unless sooner cancelled, suspended or surrendered. 571331B.I-11/12/2013 47 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 75 (3) Any conditions, limitations and restrictions imposed on the wildlife licence by the Secretary that are in force immediately before the commencement day are, on and 5 after that day, taken to be conditions, limitations and restrictions imposed by the Game Management Authority. (4) In this section-- commencement day means the day on which 10 section 30 of the Game Management Authority Act 2013 comes into operation; Game Bird Farmer Licence means a Game Bird Farmer Licence within the 15 meaning of the Wildlife Regulations 2013. 99 Transitional provision for wildlife licence applications--Game Management Authority Act 2013 20 (1) This section applies if, immediately before the commencement day-- (a) a person has applied for a licence under section 22 in the prescribed category of Game Bird Farmer Licence; and 25 (b) the Secretary has not determined the application. (2) On and after the commencement day the Game Management Authority must determine the application as if the person had 30 applied to the Game Management Authority for a licence under section 22 in respect of specified birds. 571331B.I-11/12/2013 48 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 75 (3) For the purposes of this section, section 22 as in force immediately before the commencement day applies as if a reference to the Secretary were a reference to the 5 Game Management Authority. (4) In this section-- commencement day means the day on which section 30 of the Game Management Authority Act 2013 comes into 10 operation; Game Bird Farmer Licence means a Game Bird Farmer Licence within the meaning of the Wildlife Regulations 2013. 15 100 Transitional provision for game licences-- Game Management Authority Act 2013 (1) This section applies to a game licence if-- (a) it is issued under section 22A by the Secretary; and 20 (b) it is in force immediately before the commencement day. (2) On and after the commencement day, the game licence is taken to be a game licence issued by the Game Management Authority 25 and remains in force for the period specified in the licence unless sooner cancelled, suspended or surrendered. (3) Any conditions, limitations and restrictions imposed on the game licence by the 30 Secretary that are in force immediately before the commencement day are, on and after that day, taken to be conditions, limitations and restrictions imposed by the Game Management Authority. 571331B.I-11/12/2013 49 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 75 (4) In this section-- commencement day means the day on which section 31 of the Game Management Authority Act 2013 comes into 5 operation. 101 Transitional provision for game licence applications--Game Management Authority Act 2013 (1) This section applies if, immediately before 10 the commencement day-- (a) a person has applied to the Secretary for a game licence under section 22A; and (b) the Secretary has not made a decision 15 to grant or refuse the licence. (2) On and after the commencement day the Game Management Authority must determine the application. (3) In this section-- 20 commencement day means the day on which section 31 of the Game Management Authority Act 2013 comes into operation. 102 Transitional provision, mandatory 25 cancellation of licence--Game Management Authority Act 2013 (1) This section applies if, before the commencement day, the Secretary-- (a) has, under section 25A(2), notified the 30 holder of-- (i) a licence issued under section 22 in the prescribed category of Game Bird Farmer Licence; or 571331B.I-11/12/2013 50 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 75 (ii) a game licence-- that the Secretary proposes to cancel that licence; and (b) has not made a decision in accordance 5 with section 25A. (2) On and after the commencement day, section 25A continues to apply as in force immediately before that day until the Secretary makes a decision under that 10 section and notifies the licence holder of that decision. (3) A decision made by the Secretary on or after the commencement day under section 25A as in force immediately before that day, is 15 taken to be a decision made by the Game Management Authority. (4) In this section-- commencement day means the day on which section 34 of the Game Management 20 Authority Act 2013 comes into operation; Game Bird Farmer Licence means a Game Bird Farm Licence within the meaning of the Wildlife Regulations 2013. 25 103 Transitional provision, submissions on suspension of licence--Game Management Authority Act 2013 (1) This section applies if, immediately before the commencement day-- 30 (a) the Secretary has, under Part III, suspended a wildlife licence issued in the prescribed category of Game Bird Farmer Licence or a game licence and allowed the holder of that licence to 571331B.I-11/12/2013 51 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 75 make written submissions in relation to that suspension under section 25C; and (b) the licence holder-- (i) has made submissions; or 5 (ii) has not made submissions but the period for making submissions has not expired. (2) On and after the commencement day, section 25C continues to apply as in force 10 immediately before that day until the Secretary reviews the decision to suspend the licence and notifies the licence holder of that decision. (3) A decision made by the Secretary on or after 15 the commencement day under section 25C, as in force immediately before that day, is taken to be a decision made by the Game Management Authority. (4) In this section-- 20 commencement day means the day on which section 38 of the Game Management Authority Act 2013 comes into operation; Game Bird Farmer Licence means a Game 25 Bird Farmer Licence within the meaning of the Wildlife Regulations 2013. 104 Transitional provision, power to cancel licence--Game Management Authority 30 Act 2013 (1) This section applies if, before the commencement day, the Secretary-- (a) under section 25D(2), has notified the holder of-- 571331B.I-11/12/2013 52 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 75 (i) a licence issued under section 22 in the prescribed category of Game Bird Farmer Licence; or (ii) a game licence-- 5 that the Secretary proposes to cancel that licence; and (b) has not made a decision in accordance with section 25D. (2) On and after the commencement day, 10 section 25D continues to apply as in force immediately before that day until the Secretary makes a decision under that section and notifies the holder of the licence of that decision. 15 (3) A decision made by the Secretary on or after the commencement day under section 25D as in force immediately before that day, is taken to be a decision made by the Game Management Authority. 20 (4) In this section-- commencement day means the day on which section 39 of the Game Management Authority Act 2013 comes into operation; 25 Game Bird Farmer Licence means a Game Bird Farmer Licence within the meaning of the Wildlife Regulations 2013. 105 Transitional provision, review of 30 decisions--Game Management Authority Act 2013 (1) This section applies if, immediately before the commencement day, an application has been made for review of any of the following 571331B.I-11/12/2013 53 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 75 decisions of the Secretary under section 86C to VCAT and the matter is pending-- (a) a refusal to grant or renew-- (i) a licence under section 22 in the 5 prescribed category of Game Bird Farmer Licence; or (ii) a game licence; (b) a suspension or cancellation of-- (i) a licence under section 22 in the 10 prescribed category of Game Bird Farmer Licence; or (ii) a game licence; (c) a failure of the Secretary to make a decision specified in paragraph (a) 15 or (b) within a reasonable time. (2) Subject to this section, on the commencement day, the Secretary continues to be the decision-maker for the purposes of the review until VCAT determines the 20 matter. (3) For the purposes of subsection (2), this Act applies as in force immediately before the commencement day. (4) If, after the review is conducted, VCAT by 25 order-- (a) affirms the decision of the decision- maker; or (b) varies the decision of the decision- maker; or 571331B.I-11/12/2013 54 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 75 (c) sets the decision of the decision-maker aside and makes another decision-- that affirmed, varied or substituted decision is taken to be a decision of the Game 5 Management Authority. (5) If, after the review is conducted, VCAT by order sets aside the decision of the decision- maker and remits the matter for reconsideration by the decision-maker in 10 accordance with any directions or recommendations of VCAT, the Game Management Authority is taken to be the decision-maker and must consider the matter in accordance with the directions or 15 recommendations of VCAT. (6) In this section-- commencement day means the day on which section 30 of the Game Management Authority Act 2013 comes into 20 operation; decision-maker has the same meaning as it has in the Victorian Civil and Administrative Tribunal Act 1998; Game Bird Farmer Licence means a Game 25 Bird Farmer Licence within the meaning of the Wildlife Regulations 2013. __________________". 571331B.I-11/12/2013 55 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 76 76 New Schedule inserted Insert the following Schedule to the Wildlife Act 1975-- "SCHEDULE 5 Section 3(1) SPECIFIED BIRDS Column 1 Column 2 Item Number Birds 1 Pheasant--all taxa Phasianus spp 2 Partridge--all taxa Perdix spp. Alectoris spp. 3 European Quail Coturnix coturnix 4 Japanese Quail Coturnix japonica 5 California Quail Callipepla (Lophortyx) californica ". Division 2--Conservation, Forests and Lands Act 1987 77 Definitions 10 See: Act No. (1) In section 3(1) of the Conservation, Forests and 41/1987. Lands Act 1987 insert the following definition-- Reprint No. 8 as at "Game Management Authority means the Game 21 July 2011 and Management Authority established under amending Part 2 of the Game Management Authority 15 Act Nos 54/2010, Act 2013;". 29/2011, 65/2011 and (2) In section 3(1) of the Conservation, Forests and 43/2012. Lands Act 1987, for the definition of authorised LawToday: www. officer substitute-- legislation. vic.gov.au "authorised officer means an authorised officer-- 20 (a) appointed under Part 9; or (b) appointed by the Game Management Authority under Part 3 of the Game Management Authority Act 2013;". 571331B.I-11/12/2013 56 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 78 (3) In section 3(1) of the Conservation, Forests and Lands Act 1987-- (a) in the definition of Central Plan Office, for "Sustainability and Environment" substitute 5 "Environment and Primary Industries"; (b) in the definition of Department, for "Sustainability and Environment" substitute "Environment and Primary Industries"; (c) for the definition of Secretary substitute-- 10 "Secretary means the body corporate established by Part 2;". (4) In section 3(2) of the Conservation, Forests and Lands Act 1987, for "Sustainability and Environment" substitute "Environment and 15 Primary Industries". (5) Section 3(2A) of the Conservation, Forests and Lands Act 1987 is repealed. 78 Secretary to be body corporate In section 6(1) of the Conservation, Forests and 20 Lands Act 1987, for "Sustainability and Environment" substitute "Environment and Primary Industries". 79 Secretary to be subject to control In section 7(4) of the Conservation, Forests and 25 Lands Act 1987 for "Sustainability and Environment" substitute "Environment and Primary Industries". 80 Appointment of authorised officers At the foot of section 83 of the Conservation, 30 Forests and Lands Act 1987 insert-- "Note The Game Management Authority Act 2013 also provides for the appointment of authorised officers for the purposes of all or any relevant laws--see Part 3 of that Act.". 571331B.I-11/12/2013 57 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 81 Division 3--Public Administration Act 2004 81 Persons with functions of public service body Head See: After section 16(1)(kb) of the Public Act No. 108/2004. Administration Act 2004 insert-- Reprint No. 4 5 as at "(kc) the Chairperson within the meaning of 1 July 2013 and Division 2 of Part 2 of the Game amending Management Authority Act 2013 in Act Nos 81/2012 and relation to the office of the Game 63/2013. Management Authority;". LawToday: www. legislation. vic.gov.au 10 Division 4--Surveillance Devices Act 1999 82 Definitions See: (1) In section 3(1) of the Surveillance Devices Act Act No. 21/1999. 1999 insert the following definition-- Reprint No. 2 as at "Game Management Authority means the Game 15 27 May 2010 and Management Authority established under amending Part 2 of the Game Management Authority Act Nos 72/2011, Act 2013;". 13/2012, 82/2012, (2) In section 3(1) of the Surveillance Devices Act 13/2013, 1999, in the definition of chief officer-- 15/2013 and 20 32/2013. LawToday: (a) paragraph (c) is repealed; www. legislation. (b) in paragraph (d), for "Sustainability and vic.gov.au Environment" substitute "Environment and Primary Industries"; (c) after paragraph (da) insert-- 25 "(e) in relation to the Game Management Authority--the Chief Executive Officer appointed by the Chairperson of the Game Management Authority;". 571331B.I-11/12/2013 58 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 82 (3) In section 3(1) of the Surveillance Devices Act 1999, in the definition of law enforcement agency-- (a) paragraph (c) is repealed; 5 (b) in paragraph (d), for "Sustainability and Environment" substitute "Environment and Primary Industries"; (c) after paragraph (da) insert-- "(e) the Game Management Authority;". 10 (4) In section 3(1) of the Surveillance Devices Act 1999, in the definition of law enforcement officer-- (a) paragraph (c) is repealed; (b) in paragraph (d), for "Sustainability and 15 Environment" substitute "Environment and Primary Industries"; (c) after paragraph (da) insert-- "(e) in relation to the Game Management Authority-- 20 (i) an authorised officer appointed by the Game Management Authority under the Game Management Authority Act 2013; or (ii) a person who is seconded to the 25 Game Management Authority, including (but not limited to) a member of the police force or police service (however described) of another 30 jurisdiction;". 571331B.I-11/12/2013 59 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 83 (5) In section 3(1) of the Surveillance Devices Act 1999, in the definition of senior officer-- (a) paragraph (c) is repealed; (b) in paragraph (d), for "Sustainability and 5 Environment" substitute "Environment and Primary Industries"; (c) after paragraph (da) insert-- "(e) in relation to the Game Management Authority--the Chief Executive Officer 10 appointed by the Chairperson of the Game Management Authority;". 83 Section 25 substituted For section 25 of the Surveillance Devices Act 1999 substitute-- 15 "25 Application of Division This Division does not apply to-- (a) the following law enforcement agencies-- (i) the Department of Environment 20 and Primary Industries; (ii) the Game Management Authority; or (b) law enforcement officers of the Department of Environment and 25 Primary Industries or the Game Management Authority.". 571331B.I-11/12/2013 60 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Part 5--Amendment of Other Acts and Repeal s. 84 Division 5--Repeal of amending Part 84 Repeal of amending Part This Part is repealed on 1 July 2015. Note 5 The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 571331B.I-11/12/2013 61 BILL LA INTRODUCTION 11/12/2013
Game Management Authority Bill 2013 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571331B.I-11/12/2013 62 BILL LA INTRODUCTION 11/12/2013
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