Vermin Destruction Act 1950
An Act to make better provision for the destruction of rabbits and other vermin and for matters incidental thereto; to repeal the Rabbits Destruction Act 1889 , and to amend the Local Government Act 1906
[Royal Assent 7 December 1950]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Vermin Destruction Act 1950 .
The Rabbits Destruction Act 1889 is repealed.[Section 3 Repealed by No. 99 of 1982, s. 3 and Sched. 2 ]
(1) [Section 4 Subsection (1) amended by No. 16 of 1961, s. 4 and Sched. 1 ][Section 4 Subsection (1) amended by No. 47 of 1970, s. 52 and Sched. 1 (Pt. II) ][Section 4 Subsection (1) amended by No. 28 of 1976, s. 74 and Sched. III ][Section 4 Subsection (1) amended by No. 52 of 1976, s. 2 ][Section 4 Subsection (1) amended by No. 36 of 1986, s. 4 ][Section 4 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 4 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 4 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 4 Subsection (1) amended by No. 75 of 1995, s. 3 and Sched. 1 ][Section 4 Subsection (1) amended by No. 77 of 1995, s. 3 and Sched. 1 ][Section 4 Subsection (1) amended by No. 61 of 1996, s. 15 ]In this Act, unless the contrary intention appears –Chief Veterinary Officer means –(a) the Chief Veterinary Officer within the meaning of the Animal Health Act 1995 ; and(b) a person who is authorised to issue permits by the Chief Veterinary Officer referred to in paragraph (a) ;cover includes burrows and other harbour for vermin;Crown land has the meaning assigned to that expression by section 2 of the Crown Lands Act 1976 ;inspector has the same meaning as in the Animal Health Act 1995 ;land includes –(a) Crown land; and(b) any road or railway;occupier includes the owner of any unoccupied land, and –(a) every person in possession of any Crown land under any contract for the purchase thereof;(b) every person occupying any Crown land under or by virtue of any lease thereof granted to him under the authority of any Act;(c) every person in charge of any land in any case where the occupier thereof is absent from this State; and(d) every public authority, in relation to any land vested in, or under the control, direction, or management of, the public authority, or set apart or reserved for the purposes of any Act administered by, or conferring or imposing any powers or duties on, the public authority;permit means a permit issued under section 21A and in force under this Act;public authority means any person or body of persons constituted, appointed, or established by or under any Act; and (whether or not they are public authorities by reason of the foregoing definition) includes the following authorities, that is to say:but does not include the Director-General of Lands;(a)(b) Tasmania Development and Resources;(c)(d) The Forestry corporation;(e) The Hydro-Electric Corporation;(f) The Inland Fisheries Commission;(g)(h) The Transport Commission;(i) Every local authority;(j) Every marine board and harbour trust; and(k) Any other person, body, or authority prescribed as a public authority for the purposes of this Act –Secretary means the Secretary of the Department;the regulations means regulations made and in force under this Act;vermin means any animal or bird specified in the Schedule or declared by the Governor, by proclamation, to be vermin for the purposes of this Act.(1A) [Section 4 Subsection (1A) inserted by No. 36 of 1986, s. 4 ]A reference in this Act to a permit includes –and, in relation to a permit to which paragraph (a) or (b) applies, a reference in this Act to the holder of the permit is a reference to the person whose permit has been so cancelled or whose application for the renewal of the permit has been so refused, as the case may be.(a) a permit that has been cancelled under this Act; and(b) a permit an application for the renewal of which has been refused under section 21E –(2) [Section 4 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ]The Governor may, by proclamation, declare any animal or bird (not being an animal or bird which is for the time being a wholly protected animal or bird, or a partly protected animal or bird, under the National Parks and Wildlife Act 1970 ) to be vermin for the purposes of this Act.(3) Where he thinks it desirable so to do the Governor may, by proclamation, declare that any animal or bird, declared by proclamation to be vermin for the purposes of this Act, shall cease to be vermin, and, thereupon that animal or bird shall cease to be vermin for the purposes of this Act.
[Section 5 Substituted by No. 75 of 1995, s. 3 and Sched. 1 ]The Secretary may delegate to the Chief Veterinary Officer or an inspector any of his or her functions or powers under this Act, other than this power of delegation.
[Section 6 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 6 Amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 6 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Secretary may appoint State Service officers and State Service employees employed in the Department to be inspectors for the purposes of this Act.[Section 7 Repealed by No. 36 of 1986, s. 5 ]
8. Duty of occupiers to destroy and suppress vermin
(1) It shall be the duty of every occupier of land continuously to suppress and destroy all vermin and cover on land of which he is the occupier, and to do all such necessary and proper acts or things, and take all such measures, as are required for that purpose.(2) [Section 8 Subsection (2) added by No. 36 of 1986, s. 6 ] Subsection (1) does not apply to a person who –(a) pursuant to a permit, keeps any vermin on any land of which he is the occupier; or(b) for a purpose referred to in section 21 (5) , keeps not more than 10 rabbits on any land of which he is the occupier.
9. Power to order simultaneous destruction of vermin
[Section 9 Subsection (3) amended by No. 36 of 1986, s. 17 and Sched. 1 ][Section 9 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) The Governor may, by proclamation, specify a day on and after which the duty to suppress and destroy vermin and cover imposed by section eight shall, in the whole or any part of the State specified in the proclamation, be simultaneously commenced, continued, and performed by every occupier of land in the whole or specified part of the State, as the case may be.(2) Every proclamation under this section shall be advertised in a newspaper.(3) [Section 9 Subsection (3) amended by No. 55 of 1965, s. 5 ]Every occupier who, on and after the day specified in a proclamation under this section, fails to take sufficient reasonable means to perform the duty imposed on him by this section fully and continuously shall be guilty of an offence.Penalty: Fine not exceeding 5 penalty units.
10. Suppression of vermin on Crown land
[Section 10 Subsection (1) amended by No. 36 of 1986, s. 17 and Sched. 1 ][Section 10 Subsection (2) amended by No. 28 of 1976, s. 74 and Sched. III ][Section 10 Subsection (2) amended by No. 52 of 1976, s. 3 ][Section 10 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 10 Subsection (2) amended by No. 36 of 1986, s. 17 and Sched. 1 ][Section 10 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 10 Subsection (3) amended by No. 52 of 1976, s. 3 ][Section 10 Subsection (3) amended by No. 36 of 1986, s. 17 and Sched. 1 ](1) [Section 10 Subsection (1) amended by No. 28 of 1976, s. 74 and Sched. III ]The Director-General of Lands shall, in relation to any Crown land to which this section applies, do all such acts and things, and take all such measures, as may be required to be done or taken by or under this Act for the destruction of vermin and cover on that land.(2) [Section 10 Subsection (2) amended by No. 16 of 1961, s. 4 and Sched. 1 ][Section 10 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] It shall be a sufficient compliance by the Director-General of Lands with the provisions of subsection (1) of this section if he enters into an arrangement with the Director for the destruction, by inspectors appointed under section 6 or State Service officers and State Service employees employed in the Department, of vermin and cover on any Crown land to which this section applies.(3) [Section 10 Subsection (3) amended by No. 28 of 1976, s. 74 and Sched. III ]All costs and expenses incurred by the Director-General of Lands in or in connection with the destruction of vermin and cover on any Crown land to which this section applies shall be defrayed out of moneys to be provided by Parliament for the purpose.(4) In this section, the expression Crown land to which this section applies means Crown land which –(a) has not been leased to any person under the authority of any Act; or(b) is not vested in, or under the control, direction, or management of, a public authority, or set apart or reserved for the purposes of any Act administered by, or conferring or imposing any powers or duties on, a public authority.
[Section 11 Substituted by No. 36 of 1986, s. 7 ](1) [Section 11 Subsection (1) amended by No. 75 of 1995, s. 3 and Sched. 1 ]Subject to subsection (7) , an inspector authorized, either generally or in a particular case, for the purpose by the Secretary may at any reasonable time, with or without assistants, enter and remain in any land and any premises on land for the purpose of ascertaining whether there are any vermin on that land or in or on those premises.(2) [Section 11 Subsection (2) amended by No. 75 of 1995, s. 3 and Sched. 1 ]Subject to subsection (7) , an inspector authorized, either generally or in a particular case, for the purpose by the Secretary may at any reasonable time, with or without assistants, enter and remain in any land and any premises on land that is or are being used, or that he has reasonable grounds to suspect is or are being used, for the keeping of vermin, for the purpose of ascertaining whether or not an offence under this Act has been, or is being, committed in relation to the keeping of that vermin.(3) [Section 11 Subsection (3) amended by No. 75 of 1995, s. 3 and Sched. 1 ]Subject to subsection (7) , an inspector authorized, either generally or in a particular case, for the purpose by the Secretary may at any reasonable time enter and remain in any vehicle, vessel, or aircraft that is being used, or that he has reasonable grounds to suspect is being used, for the transport of any vermin from one part of the State to another part of the State or for the introduction of any vermin into the State, for the purpose of ascertaining whether or not an offence under this Act has been, or is being, committed in relation to the transport or introduction of that vermin.(4) Where, pursuant to an authority under subsection (1) or (2) , an inspector enters any land or premises referred to in the relevant subsection or, pursuant to an authority under subsection (3) , enters any vehicle, vessel, or aircraft referred to in that last-mentioned subsection, he may –(a) make such inspections, examinations, and inquiries as he thinks necessary for a purpose referred to in the relevant subsection;(b) examine, with respect to matters under this Act –(i) the occupier of any land or premises so entered or any person employed or engaged on or in that land or those premises; or(ii) the occupant of any vehicle, vessel, or aircraft so entered;(c) if, in the course of an entry pursuant to an authority under subsection (1) , he finds any vermin on that land or in or on those premises, or, if in the course of an entry pursuant to an authority under subsection (2) or (3) , he finds that, in relation to –the inspector may seize and destroy or otherwise dispose of that vermin in such manner as he thinks fit; and(i) the keeping of any vermin on that land or those premises, an offence has been, or is being, committed under this Act; or(ii) the transport of any vermin, or in relation to the introduction of any vermin, in or on any vehicle, vessel, or aircraft, an offence has been, or is being, committed under this Act –(d) request the holder of a permit to produce the permit for inspection by the inspector.(5) For the purpose of making an inspection under subsection (4) (a) on or in any vehicle, vessel, or aircraft referred to in subsection (3) , an inspector may request that the vehicle, vessel, or aircraft be stopped or kept stationary.(6) In subsection (4) (d) , permit includes a permit to which section 18 (2) of the Vermin Destruction Amendment Act 1986 applies.(7) Where on or in any land or premises referred to in subsection (1) or (2) or any vehicle, vessel, or aircraft referred to in subsection (3) an inspector is about to exercise or is in the course of exercising a power conferred on him by this section and a person apparently the occupier of that land or those premises or apparently in charge of that vehicle, vessel, or aircraft or of any work or activity carried on there requests him to produce evidence of his appointment as an inspector, it is not lawful for him to exercise or, as the case may be, to continue to exercise, that power unless he produces that evidence to that person.(8) [Section 11 Subsection (8) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who –is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units.(a) obstructs, hinders, delays, threatens, or assaults an inspector in the exercise of his powers under this section;(b) fails to comply with a reasonable request of an inspector, made under any such power when it is within his power to comply with the request;(c) gives an answer to a question asked by an inspector made under any such power which, to his knowledge, is false or misleading in a material particular; or(d) intentionally conceals a person from an inspector or prevents a person from appearing before or being examined by an inspector for the purposes of this Act or attempts so to conceal or prevent a person –
(1) [Section 12 Subsection (1) amended by No. 16 of 1961, s. 4 and Sched. 1 ][Section 12 Subsection (1) amended by No. 75 of 1995, s. 3 and Sched. 1 ]The Secretary, by notice in the prescribed form, may require the occupier of any land specified in the notice, or the occupiers of all land situated within any area specified in the notice, to destroy all vermin and cover on the land to which the notice applies.(2) A notice under this section shall be served on the occupier or occupiers to whom it applies.(3) A notice under this section may require the occupier or occupiers to whom it applies to adopt such measures for the destruction of vermin and cover as may be specified in the notice.(4) [Section 12 Subsection (4) substituted by No. 7 of 1953, s. 2 ]An occupier on whom a notice under this section is served shall –(a) within fourteen days after the service of the notice, or, if an appeal is made by the occupier under section seventeen and is disallowed, within seven days after the service on him of a notice under subsection (6) of that section, take sufficient reasonable means to comply with the requirements of the notice; and(b) continue to take effective measures for the destruction of vermin and cover until all vermin and cover on the land are destroyed.(4A) [Section 12 Subsection (4A) inserted by No. 7 of 1953, s. 2 ][Section 12 Subsection (4A) amended by No. 55 of 1965, s. 5 ][Section 12 Subsection (4A) amended by No. 36 of 1986, s. 17 and Sched. 1 ][Section 12 Subsection (4A) amended by No. 43 of 1991, s. 5 and Sched. 1 ]If proceedings are taken against an occupier in respect of a contravention of any of the provisions of subsection (4) of this section and, in the opinion of the court in which those proceedings are taken, the occupier –he shall be liable to a penalty not exceeding 5 penalty units.(a) has failed to take sufficient reasonable means to comply with the requirements of the notice within the time limited in that behalf by that subsection; or(b) has failed to continue to take effective measures for the destruction of all vermin and cover on the land of which he is the occupier –(5) The description of any land in any notice under this section need not define the land referred to therein, and it shall be sufficient if it makes reference to the land either by name or by boundaries or otherwise, so as to allow of no reasonable doubt as to which land is referred to in the notice.
13. Power of Secretary to enter land and destroy vermin
[Section 13 Subsection (1) amended by No. 75 of 1995, s. 3 and Sched. 1 ](1) [Section 13 Subsection (1) amended by No. 16 of 1961, s. 4 and Sched. 1 ]If after fourteen days from the date of the service of a notice under section twelve , or, if an appeal is made by the occupier under section seventeen and is disallowed, after seven days from the service on the occupier of a notice under subsection (6) of that section, the occupier of any land has, in the opinion of the Secretary, not complied with the requirements of the notice, the Secretary may –(a) by himself, or his servant or agent, enter upon and remain on any land to which the notice relates; and(b) use or cause to be used all such means, and take or cause to be taken all such measures, as he thinks proper for destroying or suppressing vermin and cover, or preventing the harbouring or breeding of vermin, on that land.(2) The provisions of this section shall not affect any proceeding against, or liability of, the occupier under this Act.(3) [Section 13 Subsection (3) amended by No. 16 of 1961, s. 4 and Sched. 1 ]The reasonable costs and expenses incurred by the Secretary under this section shall be met by the occupier and may, subject to this Act, be recovered in any court of competent jurisdiction as a debt due to the Crown or by action in the name of the Secretary.(4) [Section 13 Subsection (4) amended by No. 16 of 1961, s. 4 and Sched. 1 ]The Secretary, if satisfied that the occupier of any land to whom a notice has been given under section twelve is, at any time after the expiration of the appropriate period specified in subsection (1) of this section, doing such acts and things and taking such measures as may be necessary, in the opinion of the Secretary, for the destruction of vermin and cover upon the land, may postpone entry on the land or may withdraw from the land upon payment by the occupier of all costs, charges, and expenses incurred by the Secretary at the time of his withdrawal therefrom.(5) [Section 13 Subsection (5) amended by No. 16 of 1961, s. 4 and Sched. 1 ]Where the Secretary withdraws from any land pursuant to subsection (4) of this section, he shall, as soon as practicable thereafter, serve on the occupier of that land a certificate as to the amount of the costs and expenses incurred by the Secretary under this section in relation to that land up to the date of his withdrawal therefrom.(6) [Section 13 Subsection (6) amended by No. 16 of 1961, s. 4 and Sched. 1 ]Before poison is laid on any land the Secretary shall give to the occupier thereof seven days' notice in writing stating the particular land on which poison is to be laid and the kind of poison to be laid.(7) [Section 13 Subsection (7) amended by No. 16 of 1961, s. 4 and Sched. 1 ]A certificate under the hand of the Secretary as to the costs and expenses incurred by the Secretary under this section in relation to any land shall be prima facie evidence of the amount thereof.
Nothing in this Act shall be taken to require the use of any poison containing phosphorus.
15. Special provisions as to costs, &c., incurred by public authorities
(1) The costs and expenses incurred by any public authority in or in connection with the doing of any acts or things, or the taking of any measures, for the destruction of vermin and cover in accordance with this Act shall be defrayed –(a) in the case of a local authority, marine board, or harbour trust, out of the general revenues of the local authority, marine board, or harbour trust; and(b) in the case of any other public authority, out of any moneys in the hands of that public authority available for the purpose.(2) If any public authority fails or neglects to do all such acts and things, and take all such measures, as it is required by or under this Act to do or take for the destruction of vermin and cover on any land vested in, or under the control, direction, or management of, the public authority, or set apart or reserved for the purposes of any Act administered by, or conferring or imposing any powers or duties on, the public authority, the Minister may cause those acts and things to be done and those measures to be taken, and, unless the public authority is a person or body representing the Crown, may recover the costs and expenses thereby incurred from the public authority as a debt due to the Crown.
16. Application of trust funds by trustees
Notwithstanding anything in any Act or instrument, any trustee may apply any funds under his control in defraying any costs and expenses properly and necessarily incurred by the trustee in or in connection with the doing of any acts or things, or the taking of any measures, for the destruction of vermin and cover in accordance with this Act.
[Section 17 Subsection (1) amended by No. 36 of 1986, s. 8 ][Section 17 Subsection (1) amended by No. 75 of 1995, s. 3 and Sched. 1 ][Section 18 Repealed by No. 52 of 1976, s. 4 ](1) [Section 17 Subsection (1) amended by No. 16 of 1961, s. 4 and Sched. 1 ]If the occupier of any land (in this section referred to as "the appellant") is dissatisfied with or aggrieved by –the occupier may, within fourteen days after the service on him of the notice or, as the case may be, after the date on which the Director first entered on the land, appeal therefrom to a magistrate.(a) the requirements of any notice served on the occupier under section twelve ; or(b) the entry by the Secretary on that land, pursuant to section thirteen –(2) [Section 17 Subsection (2) omitted by No. 36 of 1986, s. 8 ]. . . . . . . .(3) [Section 17 Subsection (3) omitted by No. 36 of 1986, s. 8 ]. . . . . . . .(4) [Section 17 Subsection (4) omitted by No. 36 of 1986, s. 8 ]. . . . . . . .(5) [Section 17 Subsection (5) omitted by No. 36 of 1986, s. 8 ]. . . . . . . .(6) [Section 17 Subsection (6) omitted by No. 36 of 1986, s. 8 ]. . . . . . . .(7) [Section 17 Subsection (7) omitted by No. 36 of 1986, s. 8 ]. . . . . . . .(8) [Section 17 Subsection (8) amended by No. 36 of 1986, s. 8 ]Where an appeal under this section is upheld by a magistrate, the appellant is not relieved from performing the duty imposed on him by this Act continuously to suppress and destroy all vermin on any land of which he is the occupier and to do all such necessary and proper acts or things, and take all such measures, as are required for that purpose.
19. Power to proclaim natural enemy of vermin
[Section 19 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ](1) Subject to his section, the Governor may, by proclamation, declare any animal or bird specified in the proclamation to be a natural enemy of vermin for the purposes of this Act.(2) [Section 19 Subsection (2) amended by No. 36 of 1986, s. 9 ]No proclamation shall be made under subsection (1) of this section in respect of any animal or bird unless the Governor's intention to make the proclamation has been first notified by the Minister to the Director of National Parks and Wildlife, and that Director has reported to the Minister that he has no objection to the making of the proclamation.(3) Any proclamation under this section may be revoked or amended by any subsequent proclamation.(4) Upon the revocation of any proclamation declaring any animal or bird to be a natural enemy of vermin that animal or bird shall cease to be a natural enemy of vermin for the purposes of this Act.
20. Destroying traps, &c., or natural enemies of vermin
[Section 20 Amended by No. 55 of 1965, s. 5 ][Section 20 Amended by No. 36 of 1986, s. 17 and Sched. 1 ][Section 20 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall, without lawful authority, destroy, injure, remove, or interfere with, any –(a) trap, snare, poison, matter, or thing which is laid or used on any land for the purpose of capturing or destroying vermin, and which is lawfully laid or placed on that land for that purpose; or(b) animal or bird which is, for the time being, a natural enemy of vermin for the purposes of this Act.Penalty: Fine not exceeding 5 penalty units.
[Section 21 Substituted by No. 36 of 1986, s. 10 ](1) [Section 21 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Except as provided by subsections (2) , (3) , (4) , and (5) , a person shall not, for any purpose –(a) on or after the day fixed by proclamation under section 2 (2) of the Vermin Destruction Amendment Act 1986 –(i) keep any vermin other than rabbits;(ii) transport any vermin other than rabbits from one part of the State to another part of the State; or(iii) introduce any vermin other than rabbits into the State; or(b) on or after the expiry of the period of 2 months commencing on the day fixed as mentioned in paragraph (a) –(i) keep any rabbits;(ii) transport any rabbits from one part of the State to another part of the State; or(iii) introduce any rabbits into the State.Penalty: Fine not exceeding 5 penalty units.(2) Subject to section 25 , a person may –if he holds a subsisting permit issued under section 21A authorizing the things specified in section 21B (1) (a) to be done in relation to that number of rabbits or in relation to some or all of that number, as the case may be.(a) keep any number of rabbits more than 10 for the purpose of their being kept as pets, kept for sale as pets, or kept for scientific purposes or kept for a prescribed purpose;(b) transport or cause to be transported from one part of the State to another part of the State –(i) that number of rabbits for a purpose referred to in paragraph (a) that is to be carried out by him; and(ii) some or all of that number of rabbits for the purpose of exhibiting them at a show or an exhibition or for the purpose of having them examined or treated, or both, by a veterinary surgeon; and(c) introduce or cause to be introduced into the State that number of rabbits for a purpose referred to in paragraph (a) that is to be carried out by him –(3) A person may –if he holds a subsisting permit issued under section 21A authorizing the things specified in section 21B (1) (b) to be done in relation to that number of vermin.(a) keep any number of vermin (other than rabbits) for a purpose prescribed by the regulations or keep any number of vermin (other than rabbits) for the purpose of their being kept for scientific purposes;(b) transport or cause to be transported from one part of the State to another part of the State that number of vermin for a purpose referred to in paragraph (a) that is to be carried out by him; and(c) introduce or cause to be introduced into the State that number of vermin for a purpose referred to in paragraph (a) that is to be carried out by him –(4) Subject to section 25 , a person –(a) may –if that other person holds a subsisting permit under section 21A authorizing the things specified in section 21B (1) (a) to be done in relation to that number of rabbits or in relation to some or all of that number, as the case may be; or(i) transport from one part of the State to another part of the State any number of rabbits more than 10 for a purpose referred to in subsection (2) (a) that is to be carried out by another person or some or all of that number of rabbits for a purpose referred to in subsection (2) (b) (ii) ; or(ii) introduce into the State that number of rabbits for a purpose referred to in subsection (2) (a) that is to be carried out by another person –(b) may transport from one part of the State to another part of the State, or introduce into the State, any number of vermin (other than rabbits) for a purpose referred to in subsection (3) (a) that is to be carried out by another person if that other person holds a subsisting permit under section 21A authorizing the things specified in section 21B (1) (b) to be done in relation to that number of vermin.(5) Subject to section 25 , a person may –for the purpose of their being kept as pets, kept for sale as pets, or kept for scientific purposes if those rabbits are kept, transported, or introduced, as the case may be, by that person subject to and in accordance with the conditions and restrictions prescribed by the regulations.(a) keep not more than 10 rabbits;(b) transport not more than that number of rabbits from one part of the State to another part of the State; or(c) introduce not more than that number of rabbits into the State –(6) Where a person keeps not more than 10 rabbits as provided in subsection (5) –such conditions and restrictions as are prescribed by the regulations, transport some or all of those rabbits for a purpose referred to in subsection (2) (b) (ii) .(a) that person may, subject to his compliance with; or(b) another person may, subject to his compliance with –(7) [Section 21 Subsection (7) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Where a person, in the course of –(a) keeping not more than 10 rabbits for a purpose referred to in subsection (5) , contravenes, or fails to comply with, a condition or restriction in relation to the keeping of those rabbits that is prescribed by the regulations for the purposes of that subsection;(b) transporting not more than that number of rabbits for such a purpose or for a purpose referred to in subsection (2) (b) (ii) , contravenes, or fails to comply with, a condition or restriction in relation to the transport of those rabbits that is prescribed for the purposes of subsection (5) or (6) , as the case may be; or(c) introducing not more than that number of rabbits for such a purpose, contravenes, or fails to comply with, a condition or restriction in relation to the introduction of those rabbits that is so prescribed –that person –(d) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units; and(e) if a notice under subsection (8) has been served on him, shall, in the manner and time specified in that notice, dispose of the rabbits so kept, transported, or introduced by him.(8) An inspector may, by notice in writing served on a person to whom subsection (7) applies, require that person to destroy or otherwise dispose of the rabbits specified in the notice in the manner and in the time specified in the notice.(9) [Section 21 Subsection (9) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person shall not, without reasonable excuse, fail to comply with a notice served on him under subsection (8) .Penalty: Fine not exceeding 5 penalty units.
21A. Applications for, and issue of, permits
[Section 21A Inserted by No. 36 of 1986, s. 11 ](1) [Section 21A Subsection (1) amended by No. 75 of 1995, s. 3 and Sched. 1 ]A person who seeks a permit under this section shall make an application to the Chief Veterinary Officer.(2) [Section 21A Subsection (2) amended by No. 75 of 1995, s. 3 and Sched. 1 ]An application for a permit under this section shall be –(a) in writing in a form approved by the Chief Veterinary Officer; and(b) accompanied by the fee prescribed by the regulations.(3) [Section 21A Subsection (3) amended by No. 75 of 1995, s. 3 and Sched. 1 ]On receipt of an application under subsection (2) , the Chief Veterinary Officer may, subject to this section, grant the application or refuse to grant the application.(4) [Section 21A Subsection (4) amended by No. 75 of 1995, s. 3 and Sched. 1 ]Without prejudice to the generality of subsection (3) , the Chief Veterinary Officer may refuse to grant an application under subsection (2) for a permit if he –(a) considers that, having regard to the agricultural, pastoral, horticultural, or similar purposes for which land is used in the part of the State where the applicant proposes to keep the rabbits or other vermin pursuant to the permit, it is undesirable to keep the rabbits or other vermin in that part of the State; or(b) is not satisfied that –(i) the premises where the applicant proposes to keep the rabbits or other vermin pursuant to the permit are suitable for the purpose of keeping the rabbits or other vermin;(ii) the buildings and cages on those premises in which the applicant proposes to keep the rabbits or other vermin pursuant to the permit, and any equipment other than cages on those premises that the applicant proposes to use for that purpose, are suitable for that purpose;(iii) the construction of those buildings and cages and of that other equipment will be adequate to prevent the escape of the rabbits or other vermin from those premises; and(iv) those premises will be adequately and securely fenced to prevent the escape of rabbits or other vermin from those premises.(5) [Section 21A Subsection (5) amended by No. 75 of 1995, s. 3 and Sched. 1 ]Where the Chief Veterinary Officer grants an application under subsection (3) , he shall issue to the applicant a permit authorizing him to do the things specified in section 21B (1) (a) or (b) , as the case requires.(6) [Section 21A Subsection (6) amended by No. 75 of 1995, s. 3 and Sched. 1 ]Where the Chief Veterinary Officer refuses to grant an application under subsection (3) , he shall, immediately, by notice in writing served on the applicant, inform him of the refusal and of the ground on which the refusal is based.
[Section 21B Inserted by No. 36 of 1986, s. 11 ](1) Subject to section 25 , a permit authorizes the holder, while it is in force –(a) in the case of a permit to keep any number of rabbits more than 10, to –(i) keep the number of rabbits specified in the permit on the land and for the purpose so specified, being a purpose referred to in section 21 (2) (a) ;(ii) transport or cause to be transported from one part of the State to another part of the State the number of rabbits so specified for the purpose so specified and to transport some or all of that number of rabbits for a purpose referred to in section 21 (2) (b) (ii) ; and(iii) introduce or cause to be introduced into the State the number of rabbits so specified for the purpose so specified; or(b) in the case of any other permit, to –(i) keep the number of vermin specified in the permit on the land and for the purpose so specified, being a purpose referred to in section 21 (3) (a) ;(ii) transport or cause to be transported the number of vermin so specified for the purpose so specified; and(iii) introduce or cause to be introduced into the State the number of vermin so specified for the purpose so specified.(2) A permit is not transferable.
21C. Permits subject to conditions and restrictions
[Section 21C Inserted by No. 36 of 1986, s. 11 ](1) [Section 21C Subsection (1) amended by No. 75 of 1995, s. 3 and Sched. 1 ]A permit is subject to such conditions and restrictions as may be specified in the permit, being conditions and restrictions which are determined by the Chief Veterinary Officer.(2) [Section 21C Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]The holder of a permit who contravenes, or fails to comply with, a condition or restriction to which the permit is subject is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units.
[Section 21D Inserted by No. 36 of 1986, s. 11 ]Subject to this Act, a permit remains in force from the date on which it is issued until and including 31st August next following, but may be renewed annually, as provided in section 21E , for a period terminating on 31st August immediately following the date of renewal.
[Section 21E Inserted by No. 36 of 1986, s. 11 ](1) [Section 21E Subsection (1) amended by No. 75 of 1995, s. 3 and Sched. 1 ]The holder of a permit may, at any time within the period of 28 days before the permit held by him ceases to be in force, apply to the Chief Veterinary Officer for renewal of the permit.(2) [Section 21E Subsection (2) amended by No. 75 of 1995, s. 3 and Sched. 1 ]An application for the renewal of a permit shall be –(a) in writing in a form approved by the Chief Veterinary Officer; and(b) accompanied by the fee prescribed by the regulations.(3) [Section 21E Subsection (3) amended by No. 75 of 1995, s. 3 and Sched. 1 ]On receipt of an application made in accordance with subsections (1) and (2) , the Chief Veterinary Officer shall, unless the application is withdrawn, grant to the applicant the renewal of the permit applied for if he is satisfied that grounds do not exist on which he should cancel the permit.(4) Subject to this Part, where an application for renewal of a permit is made before the date on which the permit would, but for this subsection, have ceased to be in force (which date is, in this subsection, referred to as "the date of expiry") and –(a) the renewal is granted before the date of expiry – on the grant of the renewal, the permit shall be in force for a period of 12 months commencing on the date of expiry; or(b) the renewal is not granted before the date of expiry and the application is not withdrawn before the date of expiry –(i) the permit shall be deemed to continue to be in force on and from the date of expiry until the renewal is granted, the application is withdrawn, or the renewal is refused, whichever first occurs; and(ii) on the grant of the renewal, the permit shall be in force for the remaining portion of the period of 12 months commencing on the date of expiry, and the renewal shall be expressed to have taken effect on and from that date.(5) [Section 21E Subsection (5) amended by No. 75 of 1995, s. 3 and Sched. 1 ]Where an application for the renewal of a permit is refused by the Chief Veterinary Officer, he shall, by notice in writing served on the applicant, inform him of the refusal and of the ground on which the refusal is based.
21F. False or misleading applications
[Section 21F Inserted by No. 36 of 1986, s. 11 ][Section 21F Amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who makes an application under section 21A or 21E which to his knowledge is false or misleading in a material respect is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 3 months, or to both.
[Section 21G Inserted by No. 36 of 1986, s. 11 ](1) [Section 21G Subsection (1) amended by No. 75 of 1995, s. 3 and Sched. 1 ]The holder of a permit may surrender the permit by delivering it to the Chief Veterinary Officer together with a notification in writing to the effect that the permit is surrendered.(2) [Section 21G Subsection (2) amended by No. 75 of 1995, s. 3 and Sched. 1 ]The Chief Veterinary Officer shall, on receipt of a permit and notification under subsection (1) , cancel the permit.
[Section 21H Inserted by No. 36 of 1986, s. 11 ]Where –there may be refunded to the applicant or the holder of the permit, or to any other person who appears to be entitled to it, the whole or any part of the fee which has been paid by the applicant or holder of the permit.(a) an application for a permit or for the renewal of a permit is refused or withdrawn; or(b) a permit is cancelled, suspended, or surrendered –
21I. Cancellation, &c., of permits
[Section 21I Inserted by No. 36 of 1986, s. 11 ](1) [Section 21I Subsection (1) amended by No. 75 of 1995, s. 3 and Sched. 1 ]Subject to subsection (4) , where the holder of a permit is convicted of an offence under this Act or the regulations, the Chief Veterinary Officer may –(a) cancel the permit; or(b) suspend it for such period, or vary it in such manner, as he considers proper in the circumstances.(2) [Section 21I Subsection (2) amended by No. 75 of 1995, s. 3 and Sched. 1 ]On the application of the holder of a permit, the Chief Veterinary Officer may –(a) cancel the permit, subject to the holder of the permit destroying or otherwise disposing, in the manner and within the time directed by the Chief Veterinary Officer, the vermin to which the permit relates; or(b) suspend the permit for such period, or vary it in such manner, as may be agreed on with the holder of the permit.(3) [Section 21I Subsection (3) amended by No. 75 of 1995, s. 3 and Sched. 1 ]Where the Chief Veterinary Officer is satisfied that a condition or restriction to which a permit is subject has been contravened or has not been complied with, he may, subject to subsection (4) –(a) cancel the permit; or(b) suspend it for such period, or vary it in such manner, as he considers proper in the circumstances.(4) [Section 21I Subsection (4) amended by No. 75 of 1995, s. 3 and Sched. 1 ]The Chief Veterinary Officer shall not exercise his powers under subsection (1) or (3) in relation to a permit unless he has first afforded the holder of the permit an opportunity to appear before the Chief Veterinary Officer and make submissions and give evidence to the Chief Veterinary Officer in relation to the matter.(5) References in this section to the variation of a permit shall be read as including references to any alteration of the terms of the permit or the conditions or restrictions to which it is subject; and without limiting the generality of the foregoing words, any such variation may be expressed to have effect only for a limited period or until the happening of a specified event, and, if so expressed, has effect accordingly.(6) [Section 21I Subsection (6) amended by No. 75 of 1995, s. 3 and Sched. 1 ]Where a permit has been cancelled, suspended, or varied under subsection (1) or (3) , the Chief Veterinary Officer shall, by notice in writing served on the holder of the permit, inform him of the cancellation, suspension, or variation and the cancellation, suspension, or variation shall, subject to section 21N (2) , take effect on such date as the Chief Veterinary Officer specifies in that notice, being a date not earlier than 14 days after the service of the notice on the holder of the permit.(7) A permit that has been varied under this section has effect, for so long as the variation is in force, as so varied and a permit that has been suspended is of no effect during the period of its suspension, except for the purposes of the provisions of this Act relating to the renewal of permits.
21J. Appeals in respect of permits
[Section 21J Inserted by No. 36 of 1986, s. 11 ](1) [Section 21J Subsection (1) amended by No. 75 of 1995, s. 3 and Sched. 1 ]A person who is aggrieved by –may appeal to a magistrate.(a) the refusal of the Chief Veterinary Officer to grant to that person an application for a permit or for the renewal of a permit;(b) the conditions or restrictions to which a permit issued to him is subject; or(c) the cancellation, pursuant to section 21I (1) or (3) or 21L (3) , of a permit held by him; or(d) the suspension or variation, pursuant to section 21I (1) or (3) , of a permit held by him –(2) [Section 21J Subsection (2) amended by No. 75 of 1995, s. 3 and Sched. 1 ]An appeal under this section shall be instituted within a period of 14 days after –(a) the service of a notice under section 21A (6) , in the case of an appeal against the refusal of the Chief Veterinary Officer to grant an application for a permit;(b) the service of a notice under section 21E (5) , in the case of an appeal against the refusal of the Chief Veterinary Officer to grant an application for the renewal of a permit;(c) the receipt of a permit, in the case of an appeal against the conditions or restrictions to which the permit is subject;(d) the service of a notice under section 21I (6) or 21L (4) , as the case requires, in the case of an appeal against the cancellation of a permit; or(e) the service of a notice under section 21I (6) , in the case of an appeal against the suspension or variation of a permit.
21K. Delivery of permits to Chief Veterinary Officer
[Section 21K Inserted by No. 36 of 1986, s. 11 ](1) [Section 21K Subsection (1) amended by No. 75 of 1995, s. 3 and Sched. 1 ]Where –the Chief Veterinary Officer may, by notice in writing served on the holder of the permit, require that holder to deliver the permit to the Chief Veterinary Officer within the time specified in the notice.(a) a permit has been cancelled, suspended, or varied under section 21I ;(b) a permit has been cancelled under section 21L ; or(c) pursuant to section 21N (1) , a magistrate directs the Chief Veterinary Officer to vary the conditions or restrictions to which a permit is subject –(2) [Section 21K Subsection (2) amended by No. 75 of 1995, s. 3 and Sched. 1 ]Where the Chief Veterinary Officer receives, pursuant to a notice served under subsection (1) , a permit –the Chief Veterinary Officer shall endorse on the permit a note of the variation and shall return the permit to the holder of the permit.(a) that has been varied under section 21I ; or(b) in respect of which the Chief Veterinary Officer has been directed by a magistrate pursuant to section 21N (1) to vary the conditions or restrictions to which the permit is subject –(3) [Section 21K Subsection (3) amended by No. 75 of 1995, s. 3 and Sched. 1 ]Where the Chief Veterinary Officer receives, pursuant to a notice served under subsection (1) , a permit that has been suspended under section 21I , the Chief Veterinary Officer shall return the permit to the holder of the permit after the expiration of the period of suspension.(4) [Section 21K Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]The holder of a permit shall not, without reasonable excuse, fail to comply with a notice served on him under subsection (1) .Penalty: Fine not exceeding 2 penalty units.
21L. Power of inspector to give notice to holder of permit to effect repairs, &c.
[Section 21L Inserted by No. 36 of 1986, s. 11 ](1) An inspector may, by notice in writing served on a person who is the holder of a permit, require that person to effect such repairs and alterations as the inspector considers necessary and as are specified in the notice to make the arrangements for the keeping of vermin pursuant to the permit comply with the conditions or restrictions specified in the permit.(2) A person on whom a notice under subsection (1) is served shall, within such period as is specified in the notice, effect the repairs and alterations specified in the notice.(3) [Section 21L Subsection (3) amended by No. 75 of 1995, s. 3 and Sched. 1 ]Where a person on whom a notice under subsection (1) is served fails, within the period specified in the notice, to effect the repairs and alterations specified in the notice, the Chief Veterinary Officer may, without prejudice to any other penalty to which that person may be liable, cancel the permit.(4) [Section 21L Subsection (4) amended by No. 75 of 1995, s. 3 and Sched. 1 ]Where a permit has been cancelled under subsection (3) , the Chief Veterinary Officer shall, by notice in writing served on the holder of the permit, inform him of the cancellation, and the cancellation shall, subject to section 21N (2) , take effect on such date as the Chief Veterinary Officer specifies in that notice, being a date not earlier than 14 days after the service of the notice on the holder of the permit.
[Section 21M Inserted by No. 36 of 1986, s. 11 ](1) Where a permit has been cancelled under section 21I (1) or (3) or section 21L (3) , the holder of the permit shall, subject to subsection (4) –destroy or otherwise dispose of the vermin to which the permit relates.(a) in the manner specified in the notice under section 21I (6) or 21L (4) informing him of the cancellation of the permit; and(b) within the time specified in that notice –(2) Where an application for the renewal of a permit has been refused under section 21E , the holder of the permit shall, subject to subsection (4) –destroy or otherwise dispose of the vermin to which the permit relates.(a) in the manner specified in the notice under section 21E (5) informing the holder of the refusal to renew the permit; and(b) within the time specified in that notice –(3) Where a permit is varied under section 21I by the reduction of the number of vermin to which the permit relates, the holder of the permit shall, subject to subsection (4) –dispose of such of those vermin as are in excess of that reduced number.(a) in the manner specified in the notice under section 21I (6) informing him of the variation of the permit; and(b) within the time specified in that notice –(4) Where an appeal is brought under section 21J in respect of the cancellation of a permit, the refusal of an application for the renewal of a permit, or the variation of a permit in the manner referred to in subsection (3) , the time specified in a notice referred to in subsection (1) , (2) , or (3) does not commence to run until the determination or abandonment of the appeal.(5) Where a person fails to comply with a notice referred to in subsection (1) , (2) , or (3) , an inspector may seize and destroy or otherwise dispose of the vermin to which the notice relates in such manner as he thinks fit.
21N. Procedure, &c., with respect to appeals under sections 17 and 21J
[Section 21N Inserted by No. 36 of 1986, s. 11 ](1) [Section 21N Subsection (1) amended by No. 75 of 1995, s. 3 and Sched. 1 ]On the hearing of an appeal under section 17 or 21J , the magistrate, unless he dismisses the appeal, may quash the decision appealed against and –(a) in the case of an appeal under section 17 , direct the Secretary to withdraw the notice served by him under section 12 or, as the case may be, to withdraw from the land on which he has entered; or(b) in the case of an appeal under section 21J , direct the Chief Veterinary Officer to take such action as the magistrate considers necessary in the matter to which the appeal relates.(2) Where an appeal is brought under section 21J in respect of the cancellation, suspension, or variation of a permit, that cancellation, suspension, or variation shall not have effect until the determination or abandonment of the appeal or until such later date as the magistrate may determine.(3) The magistrate shall cause a copy of his decision in relation to an appeal under this section to be served on all the parties to the appeal.(4) [Section 21N Subsection (4) amended by No. 75 of 1995, s. 3 and Sched. 1 ]The Secretary or Chief Veterinary Officer shall comply with any directions given to him under subsection (1) .(5) The decision of a magistrate on the hearing of an appeal under section 17 or 21J is final.
[Section 22 Amended by No. 55 of 1965, s. 5 ][Section 22 Amended by No. 36 of 1986, s. 17 and Sched. 1 ][Section 22 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall knowingly set at large, or attempt to set at large, or be concerned with setting at large, any vermin.Penalty: For every animal or bird set at large, a fine not exceeding 10 penalty units.
[Section 23 Amended by No. 55 of 1965, s. 5 ][Section 23 Amended by No. 36 of 1986, s. 17 and Sched. 1 ][Section 23 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall –(a) wilfully damage any wire netted vermin proof fence or gate; or(b) leave open any such vermin proof gate.Penalty: Fine not exceeding 5 penalty units.
24. Carrying vermin through vermin proof fence or gate
[Section 24 Subsection (1) amended by No. 36 of 1986, s. 17 and Sched. 1 ][Section 24 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) [Section 24 Subsection (1) amended by No. 55 of 1965, s. 5 ]No person shall carry, drive, or pass any live vermin through, under, or over any wire netted vermin proof fence or gate.Penalty: Fine not exceeding 3 penalty units.(2) [Section 24 Subsection (2) amended by No. 36 of 1986, s. 12 ]The provisions of subsection (1) of this section shall not apply to any person transporting any live vermin from one part of the State to another part of the State in accordance with the provisions of any regulations made for the purposes of section 21 or in accordance with a permit.
25. Prohibition of introduction of rabbits into islands in Bass Strait
[Section 25 Amended by No. 55 of 1965, s. 5 ][Section 25 Amended by No. 36 of 1986, s. 13 and s. 17 and Sched. 1 ][Section 25 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall –any island in Bass Strait forming part of this State.(a) introduce any live rabbit into, or convey or transport any live rabbit to; or(b) cause or procure any live rabbit to be introduced or imported into, or transferred to –Penalty: Fine of not less than 20 penalty units and not more than 50 penalty units or imprisonment for a term of not less than one year and not more than 2 years, or both such a fine and such a term of imprisonment.
26. Director may enter into contract for taking rabbits
[Section 26 Amended by No. 16 of 1961, s. 4 and Sched. 1 ]Notwithstanding anything contained elsewhere in this Act, where the Director is authorized by this Act to enter upon any land and to take any measures for the destruction of vermin, he may enter into a contract with any person for the taking of rabbits on that land, containing such terms and conditions as he thinks fit other than such terms and conditions that may relate to carcases or skins of such vermin.
27. Property in vermin destroyed, &c., by Secretary, &c.
[Section 27 Substituted by No. 36 of 1986, s. 14 ][Section 27 Amended by No. 75 of 1995, s. 3 and Sched. 1 ]Notwithstanding any Act or rule of law to the contrary, the property in any vermin that, pursuant to the Act or the regulations –vests in the Crown.(a) [Section 27 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] is destroyed by the Secretary, the Chief Veterinary Officer, an inspector or any other State Service officer or State Service employee; or(b) is proposed to be otherwise disposed of by a person referred to in paragraph (a) –
No person exercising any of the powers or authorities conferred upon him by this Act shall be deemed to be a trespasser or be liable for any damage thereby occasioned if those powers or authorities are exercised reasonably and in pursuance of this Act.
29. Proof of existence of rabbits
Proof that there are on any land burrows showing signs of having been recently used by rabbits, or other signs of the presence of rabbits, shall be deemed to be proof of the existence of rabbits on that land, and proof that those signs are not being diminished on any land shall be prima facie evidence that the occupier thereof is neglecting to do all such acts and things, and to take all such measures, as are necessary to destroy rabbits on that land.
In any proceedings under this Act for any breach of or non-compliance with the provisions thereof, a copy of the Gazette containing any valuation or assessment roll then in force, in which the name of the defendant appears as the occupier of any land in respect of which the proceedings are taken, shall, on production thereof only and without any proof, be prima facie evidence that that person was, at the time alleged in the complaint, the occupier of that land.
[Section 30A Inserted by No. 7 of 1953, s. 3 ]An allegation in a complaint that a person named therein is, or was, at any time specified therein, the occupier of any land referred to in the complaint, shall be deemed to be proved in the absence of proof to the contrary.
Any notice or certificate required by this Act to be served upon any person may be served upon him in person or forwarded to him by post.
31A. Costs of administration, &c.
[Section 31A Inserted by No. 36 of 1986, s. 15 ](1) The costs and expenses incurred in the administration of this Act shall be paid out of money to be provided by Parliament for the purpose.(2) All penalties imposed, and all fees and other money received, under this Act shall be paid into, and form part of, the Consolidated Revenue.
[Section 32 Amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) The Governor may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to the provisions of this Act.(2) [Section 32 Subsection (2) added by No. 36 of 1986, s. 16 ]Without prejudice to the generality of subsection (1) , regulations made under this section may prescribe cases in which, and the persons by which, vermin, the destruction or other disposal of which is not otherwise provided for under this Act, may be destroyed or otherwise disposed of.(3) [Section 32 Subsection (3) added by No. 36 of 1986, s. 16 ]Regulations under this section may be made subject to such conditions, or be made so as to apply differently according to such factors, as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.(4) [Section 32 Subsection (4) added by No. 36 of 1986, s. 16 ][Section 32 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Regulations under this section may provide that it is an offence, punishable on summary conviction, for a person to contravene or fail to comply with any of the regulations and may provide in respect of any such offence for the imposition of a penalty not exceeding 5 penalty units and, in the case of a continuing offence, a further penalty not exceeding 0·1 penalty unit for each day during which the offence continues.(5) [Section 32 Subsection (5) added by No. 36 of 1986, s. 16 ]A regulation under this section may authorize any matter or thing to be from time to time determined, applied, or regulated by any person specified in the regulation.
SCHEDULE 1 - Vermin for the Purposes of This Act[Schedule 1 Amended by No. 10 of 1979, s. 2 ]
Rabbits. |