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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Game and Feral Animal Control Amendment
Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Game and Feral Animal Control Act 2002 (the Principal
Act) and other Acts and instruments as follows:
(a) to abolish the Game Council of New South Wales,
(b) to transfer to the head of the Department responsible to the Minister (the Regulatory
Authority) the licensing, enforcement and other regulatory functions of the Game Council
under the Principal Act,
(c) to establish a Game and Pest Management Advisory Board to represent the interests of
licensed game hunters in matters arising under the Principal Act and to provide advice to
the Minister and the Regulatory Authority in relation to game and feral animal control and
other matters,
(d) to make other miscellaneous and consequential amendments.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
b2013-111-33.d16
Game and Feral Animal Control Amendment Bill 2013 [NSW]
Explanatory note
Schedule 1 Amendment of Game and Feral Animal Control
Act 2002 No 64
Schedule 1 [1], [2], [10] and [11] omit provisions of the Principal Act relating to the
establishment and functions of the Game Council and the Committee of Management of the Game
Council.
Schedule 1 [3] and [4] insert provisions into the Principal Act relating to the establishment and
functions of the Game and Pest Management Advisory Board. The Board will consist of not more
than 8 members appointed by the Minister (including regional representatives) and will represent
the interests of licensed game hunters in matters arising under the Principal Act and provide advice
to the Minister and the Regulatory Authority in relation to game and feral animal control and other
matters. Schedule 1 [10] inserts standard provisions into the Principal Act relating to the members
and procedure of the Advisory Board.
Schedule 1 [5] and [9] replace references to the Game Council with references to the Regulatory
Authority in various sections of the Principal Act relating to licensing, enforcement and other
regulatory functions under the Principal Act.
Schedule 1 [6] and [7] make consequential changes on the abolition of the Game Council and the
Game Council Division of the Government Service in relation to the appointment of inspectors.
Schedule 1 [8] inserts section 53A into the Principal Act to enable the Regulatory Authority to
delegate functions to authorised persons.
Schedule 1 [8] also inserts section 53B into the Principal Act to establish the Game and Pest
Management Trust Fund under the control of the Minister to finance research into game and feral
animal control and game hunting enforcement costs. One of the functions of the Advisory Board
will be to provide advice to the Minister on priorities for expenditure on any such research.
Schedule 1 [12] authorises the making of regulations of a savings or transitional nature
consequent on the enactment of the proposed Act or any other Act that amends the Principal Act.
Schedule 1 [13] inserts specific savings and transitional provisions consequent on the enactment
of the proposed Act (including the formal dissolution of the Game Council).
Schedule 2 Consequential amendments of other Acts and
instruments
The Schedule makes consequential changes to the following Acts and instruments:
(a) The Game and Feral Animal Control Further Amendment Act 2012 (uncommenced
amending Act)--consequential changes and replacement of proposed Native Game Bird
Management Committee (that was to comprise representatives of the Department of
Primary Industries, the Game Council and the Office of Environment and Heritage and that
is to set quotas of native game birds that may be killed) with the Regulatory Authority
acting in consultation with the head of the Office of Environment and Heritage.
(b) The Public Sector Employment and Management Act 2002--abolition of separate Game
Council Division of the Government Service (the staff are transferred to the Department of
Trade and Investment, Regional Infrastructure and Services by Schedule 1 [13] to the
proposed Act).
(c) The Deer Act 2006--removal of requirement for the Minister to consult the Game Council
before making a deer control order.
(d) The First State Superannuation Act 1992, State Authorities Non-contributory
Superannuation Act 1987, State Authorities Superannuation Act 1987 and Superannuation
Act 1916--removal of Game Council as an employer of staff for the purposes of those Acts.
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Game and Feral Animal Control Amendment Bill 2013 [NSW]
Explanatory note
(e) The Game and Feral Animal Control Regulation 2012, Local Land Services Act 2013,
Public Finance and Audit Act 1983 and Rural Lands Protection Act 1998--consequential
changes on the abolition of Game Council.
Page 3
First print
New South Wales
Game and Feral Animal Control Amendment
Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64 3
Schedule 2 Consequential amendments of other Acts and instruments 10
b2013-111-33.d16
New South Wales
Game and Feral Animal Control Amendment
Bill 2013
No , 2013
A Bill for
An Act to amend the Game and Feral Animal Control Act 2002 to abolish the Game Council; and
for other purposes.
Game and Feral Animal Control Amendment Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Game and Feral Animal Control Amendment Act 2013. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
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Game and Feral Animal Control Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
Schedule 1 Amendment of Game and Feral Animal Control 1
Act 2002 No 64 2
[1] Long title 3
Omit "; to establish a Game Council". 4
[2] Section 4 Definitions 5
Omit the definitions of Committee of Management and Game Council. 6
[3] Section 4 7
Insert in alphabetical order: 8
Game and Pest Management Advisory Board or Advisory Board means the 9
Game and Pest Management Advisory Board constituted under Part 2. 10
Regulatory Authority means the Director-General of the Department of Trade 11
and Investment, Regional Infrastructure and Services. 12
[4] Part 2 Game Council 13
Omit the Part. Insert instead: 14
Part 2 Game and Pest Management Advisory Board 15
7 Constitution of Advisory Board 16
(1) There is constituted by this Act a Game and Pest Management Advisory 17
Board. 18
(2) The Advisory Board has the functions conferred or imposed on it by or under 19
this or any other Act. 20
8 Membership and procedure of Advisory Board 21
(1) The Advisory Board is to consist of not more than 8 members appointed by the 22
Minister. 23
(2) The persons appointed as members of the Advisory Board: 24
(a) are to include representatives of regional New South Wales, and 25
(b) are to be persons who together have expertise, skill or knowledge in the 26
areas of pest management, wildlife, veterinary science, hunting, 27
education and community engagement. 28
(3) The regulations may make provision for or with respect to the appointment of 29
persons as members of the Advisory Board. 30
(4) Schedule 1 contains provisions with respect to the members and procedure of 31
the Advisory Board. 32
9 Functions of Advisory Board 33
(1) The Advisory Board has the following functions: 34
(a) to represent the interests of licensed game hunters in matters arising 35
under this Act, 36
(b) to provide advice on request to the Minister or the Regulatory Authority 37
on game and feral animal control, 38
(c) to provide advice on request to the Minister on priorities for expenditure 39
on research from the Game and Pest Management Trust Fund, 40
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Game and Feral Animal Control Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
(d) to provide advice to the Minister or the Regulatory Authority on 1
educational courses relating to game hunting. 2
(2) The Advisory Board is subject to the control and direction of the Minister 3
(except in relation to the contents of any advice of the Advisory Board). 4
(3) The Advisory Board is to provide the Minister with an annual report of its 5
activities during the year. 6
[5] Sections 19, 20, 21, 22, 28, 29, 33, 34, 35, 40, 45 and 52 7
Omit "Game Council" wherever occurring. Insert instead "Regulatory Authority". 8
[6] Section 33 Appointment of inspectors 9
Omit section 33 (1) (a) and (2). 10
[7] Section 35 Identification 11
Omit section 35 (2) (e). Insert instead: 12
(e) bear the signature of the Regulatory Authority or other person 13
prescribed by the regulations. 14
[8] Sections 53A and 53B 15
Insert after section 53: 16
53A Delegation by Regulatory Authority 17
(1) The Regulatory Authority may delegate to an authorised person the exercise 18
of any of the functions of the Regulatory Authority other than this power of 19
delegation. 20
(2) In this section: 21
authorised person means a statutory officer, a public servant, a person 22
employed by a public or local authority or a person of a class prescribed by the 23
regulations. 24
53B Game and Pest Management Trust Fund 25
(1) There is established in the Special Deposits Account an account called the 26
Game and Pest Management Trust Fund (the Fund). 27
(2) Money in the Fund is under the control of the Minister and can be expended 28
by the Minister only for the purposes authorised by this section. 29
(3) There is to be paid into the Fund: 30
(a) such percentage of the fees payable under this Act in connection with 31
game hunting licences as the Minister determines from time to time, and 32
(b) any gift or bequest of money for the purposes of the Fund, and 33
(c) any money appropriated by Parliament for the purposes of the Fund or 34
required by law to be paid into the Fund, and 35
(d) the proceeds of the investment of money in the Fund. 36
(4) The money in the Fund may be applied for any or all of the following 37
purposes: 38
(a) carrying out research into game and feral animal control, 39
(b) funding the costs of enforcing compliance with the controls imposed 40
under this Act on game hunting, 41
(c) funding the costs of the Game and Pest Management Advisory Board. 42
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Game and Feral Animal Control Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
(5) The money in the Fund may be invested in any manner authorised by the 1
Public Authorities (Financial Arrangements) Act 1987 or, if that Act does not 2
confer any such authority, in any manner authorised for the investment of trust 3
funds. 4
[9] Section 58 Evidentiary statements 5
Omit "the chief executive officer of the Game Council". 6
Insert instead "the Regulatory Authority". 7
[10] Schedule 1 8
Omit the Schedule. Insert instead: 9
Schedule 1 Provisions relating to members and 10
procedure of Game and Pest Management 11
Advisory Board 12
(Section 8) 13
1 Definitions 14
In this Schedule: 15
Chairperson means the Chairperson of the Advisory Board. 16
member means any member of the Advisory Board. 17
2 Terms of office of members 18
Subject to this Schedule, a member holds office for such period (not exceeding 19
5 years) as is specified in the member's instrument of appointment, but is 20
eligible (if otherwise qualified) for re-appointment. 21
3 Chairperson 22
(1) One of the members is to be appointed by the Minister as the Chairperson of 23
the Advisory Board. 24
(2) The Minister may remove a member from office as Chairperson at any time. 25
(3) A member who is a member and Chairperson vacates office as Chairperson if 26
the person: 27
(a) is removed from that office by the Minister, or 28
(b) resigns that office by instrument in writing addressed to the Minister, or 29
(c) ceases to be a member. 30
4 Deputies 31
(1) The Minister may, from time to time, appoint a person to be the deputy of a 32
member, and the Minister may revoke any such appointment. 33
(2) In the absence of a member, the member's deputy may, if available, act in the 34
place of the member. 35
(3) While acting in the place of a member, a person has all the functions of the 36
member and is taken to be a member. 37
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Game and Feral Animal Control Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
5 Remuneration 1
A member is entitled to be paid such remuneration (including travelling and 2
subsistence allowances) as the Minister may from time to time determine in 3
respect of the member. 4
6 Vacancy in office of member 5
(1) The office of a member becomes vacant if the member: 6
(a) dies, or 7
(b) completes a term of office and is not re-appointed, or 8
(c) resigns the office by instrument in writing addressed to the Minister, or 9
(d) is removed from office by the Minister under this clause, or 10
(e) is absent from 4 consecutive meetings of the Advisory Board of which 11
reasonable notice has been given to the member, except on leave 12
granted by the Advisory Board, or 13
(f) becomes bankrupt, applies to take the benefit of any law for the relief of 14
bankrupt or insolvent debtors, compounds with his or her creditors or 15
makes an assignment of his or her remuneration for their benefit, or 16
(g) becomes a mentally incapacitated person, or 17
(h) is convicted of an offence in New South Wales or elsewhere involving 18
cruelty or harm to animals, or 19
(i) is convicted in New South Wales of an offence that is punishable by 20
imprisonment for 12 months or more or is convicted elsewhere than in 21
New South Wales of an offence that, if committed in New South Wales, 22
would be an offence so punishable. 23
(2) The Minister may remove a member from office without notice and for any 24
reason. 25
(3) If the office of any member becomes vacant, a person is, subject to this Act, to 26
be appointed to fill the vacancy. 27
7 Personal liability 28
A matter or thing done or omitted to be done by the Advisory Board, a member 29
of the Advisory Board or a person acting under the direction of the Advisory 30
Board does not, if the matter or thing was done or omitted to be done in good 31
faith for the purposes of executing this or any other Act, subject a member or 32
a person so acting personally to any action, liability, claim or demand. 33
8 General procedure 34
The procedure for the calling of meetings of the Advisory Board and for the 35
conduct of business at those meetings is, subject to this Act and the 36
regulations, to be as determined by the Advisory Board. 37
9 Quorum 38
The quorum for a meeting of the Advisory Board is a majority of its members 39
for the time being. 40
10 Presiding member 41
(1) The Chairperson is to preside at a meeting of the Advisory Board. 42
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Game and Feral Animal Control Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
(2) In the absence of the Chairperson, another member elected to chair the 1
meeting by the members present is to preside at a meeting of the Advisory 2
Board. 3
(3) The presiding member has a deliberative vote and, in the event of an equality 4
of votes, has a second or casting vote. 5
11 Voting 6
A decision supported by a majority of the votes cast at a meeting of the 7
Advisory Board at which a quorum is present is the decision of the Advisory 8
Board. 9
12 Transaction of business outside meetings or by telephone 10
(1) The Advisory Board may, if it thinks fit, transact any of its business by the 11
circulation of papers among all the members of the Advisory Board for the 12
time being, and a resolution in writing approved in writing by a majority of 13
those members is taken to be a decision of the Advisory Board. 14
(2) The Advisory Board may, if it thinks fit, transact any of its business at a 15
meeting at which members (or some members) participate by telephone, 16
closed-circuit television or other means, but only if any member who speaks 17
on a matter before the meeting can be heard by the other members. 18
(3) For the purposes of: 19
(a) the approval of a resolution under subclause (1), or 20
(b) a meeting held in accordance with subclause (2), 21
the Chairperson and each member have the same voting rights as they have at 22
an ordinary meeting of the Advisory Board. 23
(4) A resolution approved under subclause (1) is, subject to the regulations, to be 24
recorded in the minutes of the meetings of the Advisory Board. 25
(5) Papers may be circulated among the members for the purposes of subclause 26
(1) by facsimile, email or other transmission of the information in the papers 27
concerned. 28
13 Frequency of meetings 29
The Advisory Board is to meet at least twice each year. 30
14 First meeting 31
The Minister may call the first meeting of the Advisory Board in such manner 32
as the Minister thinks fit. 33
[11] Schedule 2 Provisions relating to members and procedure of Committee of 34
Management 35
Omit the Schedule. 36
[12] Schedule 4 Savings, transitional and other provisions 37
Insert at the end of clause 1 (1): 38
any other Act that amends this Act 39
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Game and Feral Animal Control Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
[13] Schedule 4 1
Insert at the end of the Schedule with appropriate Part and clause numbers: 2
Part Provisions consequent on enactment of Game and 3
Feral Animal Control Amendment Act 2013 4
Dissolution of Game Council and Committee of Management of Game Council 5
(1) The Game Council of New South Wales and the Committee of Management 6
of the Game Council are dissolved. 7
(2) On the dissolution of the Game Council, the assets, rights and liabilities of the 8
Game Council immediately before its dissolution become the assets, rights and 9
liabilities of the Crown. 10
(3) The persons who were members of the Game Council or the Committee of 11
Management of the Game Council immediately before their dissolution cease 12
to be members and are not entitled to any remuneration or compensation 13
because of the loss of that office. 14
(4) In this clause: 15
assets means any legal or equitable estate or interest (whether present or 16
future, whether vested or contingent and whether personal or assignable) in 17
real or personal property of any description (including money), and includes 18
securities, choses in action and documents. 19
liabilities means any liabilities, debts or obligations (whether present or future, 20
whether vested or contingent and whether personal or assignable). 21
rights means any rights, powers, privileges or immunities (whether present or 22
future, whether vested or contingent and whether personal or assignable). 23
Staff employed in Game Council Division 24
The persons employed in the Game Council Division of the Government 25
Service immediately before the abolition of that Division (on the 26
commencement of Schedule 2.8 to the Game and Feral Animal Control 27
Amendment Act 2013) are transferred to and taken to be employed in the 28
Department of Trade and Investment, Regional Infrastructure and Services. 29
Game Council Account 30
Money standing to the credit of the Game Council Account under section 13 31
on the dissolution of the Game Council is taken to be money standing to the 32
credit of the Game and Pest Management Trust Fund under section 53B. 33
Hunting licences 34
(1) A game hunting licence granted by the Game Council and in force 35
immediately before its dissolution is taken to be a game hunting licence 36
granted by the Regulatory Authority. An application for a game hunting 37
licence that was pending immediately before the dissolution of the Game 38
Council is taken to be an application made to the Regulatory Authority. 39
(2) The suspension of a game hunting licence, or the disqualification of a person 40
from holding a game hunting licence, that was imposed by the Game Council 41
before its dissolution is taken to be a suspension or disqualification imposed 42
by the Regulatory Authority. 43
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Game and Feral Animal Control Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64
Approved hunting clubs or organisations 1
A hunting club, or organisation, approved by the Game Council under 2
section 19 immediately before its dissolution is taken to be a hunting club, or 3
organisation, approved by the Regulatory Authority under that section. 4
Authorised agents 5
(1) A person who was an authorised agent under an arrangement entered into with 6
the Game Council under section 28 immediately before its dissolution ceases 7
to be an authorised agent and the arrangement is terminated. 8
(2) A person is not entitled to any compensation as a consequence of the 9
termination of an arrangement by this clause. 10
(3) However, any such person may become an authorised agent under an 11
arrangement entered into with the Regulatory Authority. 12
Inspectors 13
(1) A person who was, immediately before the dissolution of the Game Council, 14
an inspector appointed by the Game Council under section 33 is taken to have 15
been appointed as an inspector by the Regulatory Authority. 16
(2) An identification card issued to the person by the Game Council under 17
section 35 is taken to be an identification card issued by the Regulatory 18
Authority. 19
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Game and Feral Animal Control Amendment Bill 2013 [NSW]
Schedule 2 Consequential amendments of other Acts and instruments
Schedule 2 Consequential amendments of other Acts and 1
instruments 2
2.1 Deer Act 2006 No 113 3
Section 9 Consultation and approval before making deer control order 4
Omit section 9 (1) (d). 5
2.2 First State Superannuation Act 1992 No 100 6
Schedule 1 Employers 7
Omit "Game Council of New South Wales". 8
2.3 Game and Feral Animal Control Further Amendment Act 2012 No 104 9
[1] Schedule 1 Amendment of Game and Feral Animal Control Act 2002 No 64 10
Omit Schedule 1 [4] and [14]. 11
[2] Schedule 1 [10], proposed sections 32A (1), 32D, 32E and 32F 12
Omit "Game Council" and "Native Game Bird Management Committee" wherever 13
occurring. 14
Insert instead "Regulatory Authority". 15
[3] Schedule 1 [10], proposed section 32C Native Game Bird Management Committee 16
Omit proposed section 32C. Insert instead: 17
32C Consultation with the head of the Office of Environment and Heritage 18
The Regulatory Authority is to consult the head of the Office of Environment 19
and Heritage in the exercise of functions under this Part of setting quotas under 20
section 32D, determining the matters referred to in section 32E and 21
recognising any official waterfowl identification test under section 32F. 22
[4] Schedule 1 [10], proposed section 32D (2) 23
Omit "the Committee". Insert instead "the Regulatory Authority". 24
2.4 Game and Feral Animal Control Regulation 2012 25
[1] Part 2 Game Council 26
Omit the Part. 27
[2] Clauses 9 (2), 12, 14, 16 (6), 17 and 18 (2) and Schedule 1 28
Omit "Game Council" and "Game Council's" wherever occurring. 29
Insert instead "Regulatory Authority" and "Regulatory Authority's" respectively. 30
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Game and Feral Animal Control Amendment Bill 2013 [NSW]
Schedule 2 Consequential amendments of other Acts and instruments
2.5 Local Land Services Act 2013 No 51 1
[1] Schedule 7 Amendment of Acts and Regulations 2
Omit Schedule 7.20 [1]-[3] and [6]. 3
[2] Schedule 9 Local Land Services Regulation 2014 4
Omit clauses 85 (b) and 86. 5
2.6 Public Finance and Audit Act 1983 No 152 6
Schedule 2 Statutory bodies 7
Omit "Game Council of New South Wales". 8
2.7 Public Sector Employment and Management Act 2002 No 43 9
Schedule 1 Divisions of the Government Service 10
Omit the matter relating to the Game Council Division from Part 3. 11
2.8 Rural Lands Protection Act 1998 No 143 12
[1] Section 144 When can a pest control order be made? 13
Omit section 144 (3). 14
[2] Section 145 Requests by authorities for making of pest control orders 15
Omit section 145 (3). 16
2.9 State Authorities Non-contributory Superannuation Act 1987 No 212 17
Schedule 1 Employers 18
Omit "Game Council of New South Wales". 19
2.10 State Authorities Superannuation Act 1987 No 211 20
Schedule 1 Employers 21
Omit "Game Council of New South Wales". 22
2.11 Superannuation Act 1916 No 28 23
Schedule 3 List of employers 24
Omit "Game Council of New South Wales". 25
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