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New South Wales
Game Bill 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects 2
4 Definitions 2
5 Game animals for the purposes of this Act 4
6 Application of firearms and weapons prohibition legislation 5
Part 2 Game Council
7 Constitution of Council 6
8 Membership and procedure of Game Council 6
9 Functions of Game Council 7
10 Committee of Management of Game Council 8
11 Other committees of Game Council 8
12 Staff of Game Council 8
13 Delegation by Game Council 9
14 Financial provisions 9
b00-076-p02.833
Game Bill 2001
Contents
Page
Part 3 Licensing and control of hunting for game animals
Division 1 Preliminary
15 Classes of game hunting licences 11
16 Authority conferred by different classes of game hunting
licences 11
Division 2 Licensing of hunters of game animals
17 Licence required to hunt game animals 12
18 Exemptions from licensing 12
Division 3 Control of hunting for game animals on
public lands (restricted game hunting
licences)
19 Hunting of game animals on public land 13
20 Special qualifications for restricted game hunting licence 13
21 Declaration of public lands available for hunting game 14
Division 4 Control of hunting for protected game
animals (occupiers game hunting licences)
22 Protected game animals 15
23 Quotas on hunting protected game animals 15
24 Hunting restrictions, auditing of compliance and other
matters with respect to protected game animals 16
25 Identification test for hunters of waterfowl or quail 17
26 Exemption from licensing under National Parks and
Wildlife Act 1974 17
Division 5 Provisions relating to game hunting licences
27 Grant of licences 18
28 Conditions of licences 18
29 Offence to contravene conditions of licence 19
30 Code of practice for licensed game hunters 19
31 Duration of licence 19
32 Fees for applications and licences 20
33 Offences relating to licences 20
34 Arrangements for granting licences 20
35 Suspension or cancellation of licences by Game Council 20
36 Suspension or cancellation of licences by court in
connection with offence 21
37 Rights of review 21
38 Regulations relating to licences 21
Contents page 2
Game Bill 2001
Contents
Page
Part 4 Investigations
Division 1 Appointment of inspectors
39 Appointment of inspectors 23
40 Police officers to be inspectors 23
41 Identification 23
42 Production of identification 24
43 Offence of impersonating an inspector 24
Division 2 Powers of inspectors
44 Definitions 24
45 Powers of entry 25
46 Use of force on entry 25
47 Entry to premises used for residential purposes 26
48 Search warrant 26
49 General powers available on entry 26
50 Power to detain and search vehicles or vessels 27
51 Power of seizure 27
52 Power of inspectors to obtain information, documents and
evidence 28
53 Power of inspector to demand name and address and to
demand game hunting licence 29
54 Protection from incrimination 29
55 Inspector may request assistance 30
56 Offences 31
57 Care to be taken 31
58 Compensation 31
Part 5 Miscellaneous
59 Crown not bound 32
60 Native title rights and interests 32
61 Summary proceedings for offences 32
62 Penalty notices for certain offences 32
63 Evidentiary statements 33
64 Onus of proof concerning reasonable excuse 34
65 Regulations 34
66 Notes 34
67 Amendment of other Acts 34
68 Savings, transitional and other provisions 34
69 Review of Act 34
Contents page 3
Game Bill 2001
Contents
Page
Schedules
1 Provisions relating to members and procedure of Game
Council 35
2 Provisions relating to members and procedure of
Committee of Management 42
3 Amendment of other Acts 46
4 Savings, transitional and other provisions 48
Contents page 4
New South Wales
Game Bill 2001
No , 2001
A Bill for
An Act to manage and regulate the hunting of game; to establish a Game Council;
and for other purposes.
Clause 1 Game Bill 2001
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Game Act 2001. 4
2 Commencement 5
This Act commences on a day or days to be appointed by 6
proclamation. 7
3 Objects 8
The objects of this Act are: 9
(a) to provide for the effective management of native and 10
introduced species of game animals, and 11
(b) to promote responsible and orderly hunting of those game 12
animals on public and private land and of pest animals on 13
public land. 14
Note. Section 5 identifies the animals (including pest animals) that are game 15
animals for the purposes of this Act. 16
4 Definitions 17
In this Act: 18
Committee of Management means the Committee of Management of 19
the Game Council established under Part 2. 20
exercise a function includes perform a duty. 21
function includes a power, authority or duty. 22
game animal--see section 5. 23
Game Council means the Game Council of New South Wales 24
constituted under Part 2. 25
game hunting licence means a licence granted under Part 3 and in 26
force (being a general game hunting licence, a restricted game hunting 27
licence or an occupiers game hunting licence). 28
hunt an animal means to use any firearm, bow, animal or other 29
hunting device to capture, kill or harm the animal, but does not include 30
laying or using poison for that purpose. 31
Page 2
Game Bill 2001 Clause 4
Preliminary Part 1
inspector means an inspector appointed under Division 1 of Part 4. 1
national park estate land means: 2
(a) any land reserved, dedicated or declared under the National 3
Parks and Wildlife Act 1974 or any land vested in the Minister 4
administering that Act for the purposes of Part 11 of that Act, 5
or 6
(b) any reserve under Part 5 of the the Crown Lands Act 1989 of 7
which the National Parks and Wildlife Reserve Trust has been 8
appointed as trustee, or 9
(c) any land that is declared to be a wilderness area under the 10
Wilderness Act 1987, and any land the subject of a wilderness 11
protection agreement under section 10 of that Act that has not 12
been declared to be a wilderness area. 13
occupier and owner have the same meanings as they have in the Local 14
Government Act 1993. 15
pest animal means an animal of a kind specified in section 5 (2) that 16
is living in the wild. 17
premises includes any place, and in particular includes: 18
(a) any land, building or part of any building, or 19
(b) any vehicle, vessel or aircraft, or 20
(c) any installation on land, on the bed of any waters or floating on 21
any waters, or 22
(d) any tent or movable structure. 23
private land means land other than: 24
(a) any public land, or 25
(b) any national park estate land, or 26
(c) any other land of a kind prescribed by the regulations. 27
protected game animal--see section 22. 28
public land means: 29
(a) Crown land within the meaning of the Crown Lands Act 1989, 30
or 31
(b) State forest, or 32
Page 3
Clause 4 Game Bill 2001
Part 1 Preliminary
(c) land under the control and management of a public or local 1
authority that is declared by the regulations, on the 2
recommendation of the authority, to be public land for the 3
purposes of this Act, 4
but does not include: 5
(d) any land (other than State forest) that is occupied under any 6
lease or other arrangement for private purposes that confers a 7
right to exclusive possession of the land, or 8
(e) any national park estate land, or 9
(f) any other land of a kind prescribed by the regulations. 10
State forest has the same meaning it has in the Forestry Act 1916. 11
Note. Words and expressions used in this Act that are defined in the Interpretation 12
Act 1987 have the meanings set out in that Act. 13
5 Game animals for the purposes of this Act 14
(1) For the purposes of this Act, a game animal is any of the following 15
that is living in the wild: 16
(a) deer (cervidae), 17
(b) hare (lepus copensis), 18
(c) black duck (anas superciliosa), 19
(d) grey teal duck (anas gracilis), 20
(e) wood duck (chenonetta jubata), 21
(f) mountain duck (tadorna tadornoides), 22
(g) California quail (lophortyx callipepla californicus), 23
(h) brown quail (synoicus australis, coturnix ypsilophora), 24
(i) stubble quail (coturnix pectoralis), 25
(j) pheasant (phasiniacus phasianus colchicus), 26
(k) partridge (alectors alectoris chukar), 27
(l) peafowl (pavo cristatus), 28
(m) turkey (meleagris gallopavo galloparvo). 29
(2) Any of the following pest animals that is living in the wild is also a 30
game animal for the purposes of this Act: 31
(a) feral pig, 32
(b) feral dog, 33
Page 4
Game Bill 2001 Clause 5
Preliminary Part 1
(c) feral cat, 1
(d) feral goat, 2
(e) rabbit, 3
(f) fox. 4
Note. Section 18 provides that a game hunting licence is not required for hunting 5
any such pest animal on private land. 6
(3) However, a game animal does not include any animal that is or part of 7
a threatened species, population or ecological community within the 8
meaning of the Threatened Species Conservation Act 1995. 9
6 Application of firearms and weapons prohibition legislation 10
Nothing in this Act affects the operation of the Firearms Act 1996 or 11
the Weapons Prohibition Act 1998. 12
Page 5
Clause 7 Game Bill 2001
Part 2 Game Council
Part 2 Game Council 1
7 Constitution of Council 2
(1) There is constituted by this Act a body corporate with the corporate 3
name of the Game Council of New South Wales. 4
(2) The Game Council has the functions conferred or imposed on it by or 5
under this or any other Act. 6
(3) The Game Council is, for the purposes of any Act, a statutory body 7
representing the Crown. 8
(4) The Game Council is subject to the control and direction of the 9
Minister in the exercise of its functions, except in relation to the 10
contents of any report or recommendation made by it. 11
8 Membership and procedure of Game Council 12
(1) The Game Council is to consist of 14 members appointed by the 13
Minister. 14
(2) The members of the Game Council are: 15
(a) 7 persons appointed on the nomination of hunting organisations 16
prescribed by the regulations for the purposes of this paragraph, 17
and 18
(b) a person appointed on the nomination of the State Council of 19
Rural Lands Protection Boards, and 20
(c) a person who is appointed on the nomination of Landcare 21
organisations prescribed by the regulations for the purposes of 22
this paragraph, and 23
(d) 2 persons who are wildlife management scientists, and 24
(e) a person appointed on the nomination of the New South Wales 25
Aboriginal Land Council, and 26
(f) a person appointed on the nomination of the Minister 27
administering the Forestry Act 1916, and 28
(g) a person appointed on the nomination of the Minister 29
administering the Crown Lands Act 1989. 30
Page 6
Game Bill 2001 Clause 8
Game Council Part 2
(3) The regulations may make provision for or with respect to the 1
appointment of persons, or the nomination of persons for 2
appointment, as members of the Game Council, including provision 3
for or with respect to: 4
(a) the qualifications required for appointment or nomination for 5
appointment, and 6
(b) the nomination of a panel of persons from which the person to 7
be appointed is selected by the Minister. 8
(4) Schedule 1 has effect with respect to the members and procedure of 9
the Game Council. 10
9 Functions of Game Council 11
(1) The Game Council has the following functions: 12
(a) to represent the interests of licensed game hunters, 13
(b) to administer the licensing system under this Act for game 14
hunters (including the issue of licences and the enforcement of 15
the Act) and to engage agents for that purpose, 16
(c) to make recommendations to relevant Ministers for the 17
purposes of section 21 (Declaration of public lands available 18
for hunting game), 19
(d) to provide advice to the Minister on game management 20
(whether at the request of the Minister or on its own initiative), 21
(e) to liaise with the Pest Animal Council, rural lands protection 22
boards and other relevant bodies in connection with their 23
respective functions, 24
(f) to promote or fund research into game management issues, 25
(g) to fund works or activities for the conservation of game 26
animals (other than pest animals), particularly in connection 27
with habitat restoration, 28
(h) to engage in such other activities relating to the objects of this 29
Act as are prescribed by the regulations. 30
(2) In exercising its functions, the Game Council is to have regard to 31
public safety. 32
Page 7
Clause 10 Game Bill 2001
Part 2 Game Council
10 Committee of Management of Game Council 1
(1) There is to be a committee of the Game Council, to be called the 2
Committee of Management of the Game Council. 3
(2) The Committee of Management may, in accordance with any 4
directions of the Game Council, exercise the functions of the Game 5
Council. Anything done or omitted by the Committee of Management 6
is taken to have been done or omitted by the Game Council. 7
(3) The Committee of Management is to consist of 6 members, namely: 8
(a) the Chairperson of the Game Council, who is to be the 9
Chairperson of the Committee of Management, and 10
(b) 2 other members of the Game Council (being members 11
appointed on the nomination of hunting organisations) 12
designated from time to time by the Minister, and 13
(c) the member of the Game Council appointed on the nomination 14
of the State Council of Rural Lands Protection Boards, and 15
(d) the member of the Game Council appointed on the nomination 16
of the Minister administering the Crown Lands Act 1989, and 17
(e) the member of staff of the Game Council who is the chief 18
executive officer. 19
(4) Schedule 2 has effect with respect to the members and procedure of 20
the Committee of Management. 21
11 Other committees of Game Council 22
(1) The Game Council may establish other committees to assist it in 23
connection with the exercise of any of its functions. 24
(2) The members of a committee need not be members of the Game 25
Council. 26
(3) The procedure for the calling of meetings of a committee and for the 27
conduct of business at those meetings is to be as determined by the 28
Game Council or (subject to any determination of the Game Council) 29
by the committee. 30
12 Staff of Game Council 31
(1) The staff of the Game Council may be employed: 32
(a) under Part 2 of the Public Sector Management Act 1988, or 33
(b) by the Game Council. 34
Page 8
Game Bill 2001 Clause 12
Game Council Part 2
(2) The Game Council may arrange for the use of the services of any staff 1
or facilities of a government department or a public or local authority. 2
(3) For the purposes of this Act, a person whose services are made use of 3
under this section is a member of the staff of the Game Council. 4
(4) The Game Council may engage consultants to obtain expert advice. 5
13 Delegation by Game Council 6
(1) The Game Council may delegate to an authorised person the exercise 7
of any of its functions, other than this power of delegation. 8
(2) In this section: 9
authorised person means: 10
(a) a member of the Game Council, or 11
(b) a member of the staff of the Game Council, or 12
(c) an authorised agent referred to in section 34 (Arrangements for 13
granting licences), or 14
(d) a public or local authority, or a member of staff of such an 15
authority, or 16
(e) a person of a class prescribed by the regulations. 17
14 Financial provisions 18
(1) The Game Council is to maintain an account called the "Game Council 19
Account". 20
(2) There is to be paid into the account: 21
(a) any fees payable under this Act in connection with the game 22
hunting licences, and 23
(b) any money appropriated by Parliament for the purposes of this 24
Act, and 25
(c) any other money received by the Game Council in connection 26
with the administration of this Act. 27
(3) The money in the account may be applied for any or all of the 28
following purposes: 29
(a) carrying out any of the functions of the Game Council, 30
(b) without limiting paragraph (a), making grants for the carrying 31
out of works or activities of game conservation (particularly in 32
connection with habitat restoration), 33
Page 9
Clause 14 Game Bill 2001
Part 2 Game Council
(c) meeting the costs of the administration of this Act (including 1
the remuneration of members and staff of the Game Council). 2
(4) The Game Council may invest money in the account in any manner 3
authorised by the Public Authorities (Financial Arrangements) Act 4
1987 or, if that Act does not confer any such authority, in any manner 5
authorised for the investment of trust funds. 6
Page 10
Game Bill 2001 Clause 15
icensing and control of hunting for game animals Part 3
Preliminary Division 1
Part 3 Licensing and control of hunting for game 1
animals 2
Division 1 Preliminary 3
15 Classes of game hunting licences 4
The following classes of game hunting licences may be granted under 5
this Act: 6
(a) general game hunting licences, 7
(b) restricted game hunting licences, 8
(c) occupiers game hunting licences. 9
16 Authority conferred by different classes of game hunting licences 10
(1) General licence 11
A general game hunting licence authorises, subject to this Act, the 12
holder of the licence to hunt game animals on any private land. 13
Note. In the case of hunting on private land, section 18 provides that a licence is 14
not required to hunt pest animals. 15
(2) Restricted licence 16
A restricted game hunting licence authorises, subject to this Act, the 17
holder of the licence to hunt game animals on public land as well as 18
any private land. 19
Note. In the case of hunting on public land, section 19 provides that a licence 20
does not authorise hunting unless the land is duly declared to be available for 21
hunting. A licence does not authorise hunting on national park estate land (see 22
definition of public land). 23
(3) Occupiers licence 24
An occupiers game hunting licence authorises, subject to this Act, the 25
holder of the licence to hunt, or permit another person to hunt, 26
protected game animals of the species specified in the licence on 27
private land owned or occupied by the holder of the licence. 28
(4) Entry into land 29
A game hunting licence does not authorise the holder of the licence to 30
enter any land that the holder is not otherwise authorised to enter. 31
Page 11
Clause 16 Game Bill 2001
Part 3 Licensing and control of hunting for game animals
Division 1 Preliminary
(5) Other statutory prohibitions 1
A game hunting licence does not authorise the holder of the licence to 2
contravene any prohibition or restriction imposed by or under any Act 3
or statutory instrument. 4
Division 2 Licensing of hunters of game animals 5
17 Licence required to hunt game animals 6
(1) A person who hunts a game animal on any private land or public land 7
is guilty of an offence unless the person is the holder of a game 8
hunting licence. 9
Maximum penalty: 50 penalty units. 10
(2) This section is subject to the other provisions of this Part. 11
18 Exemptions from licensing 12
(1) A game hunting licence is not required under this Division in respect 13
of the following: 14
(a) a person who is hunting a pest animal on private land, 15
(b) a person who is hunting on any land owned or occupied by the 16
person or by a member of the person's household or by a 17
corporation of which the person is an officer or employee, 18
(c) an Aboriginal person: 19
(i) who is hunting a game animal pursuant to a native title 20
right or interest that is the subject of an approved 21
determination of native title or of a registered native title 22
claim, or 23
(ii) who is member, or in the company of a member, of a 24
Local Aboriginal Land Council and who is undertaking 25
traditional cultural hunting within the area of the 26
Council, 27
(d) a person who is hunting pest animals in accordance with a duty 28
imposed on the person (or on any corporation of which the 29
person is an officer or employee) under the Rural Lands 30
Protection Act 1998 to suppress and destroy the animals (other 31
than a person assisting any such person in the performance of 32
that duty), 33
Page 12
Game Bill 2001 Clause 18
icensing and control of hunting for game animals Part 3
icensing of hunters of game animals Division 2
(e) a person who is hunting as a professional game hunter in the 1
course of any paid employment or engagement (other than a 2
person of a class prescribed by the regulations), 3
(f) a person employed by any public or local authority (including 4
an employee of a rural lands protection board) who is acting in 5
the execution of his or her duties as such an employee, 6
(g) a veterinary surgeon or other person who is acting for the 7
purposes of killing or treating an animal in distress due to injury 8
or illness, 9
(h) a person of a class, or hunting in the circumstances, prescribed 10
by the regulations. 11
(2) A person who is not required to hold a game hunting licence because 12
of this section is not prevented from applying for and being granted a 13
licence in accordance with this Act. 14
Note. A person exempt from licensing may wish to obtain a game hunting licence 15
for the purposes of qualifying for exemption from offences of harming protected 16
fauna under the National Parks and Wildlife Act 1974--see Division 4. 17
Division 3 Control of hunting for game animals on public 18
lands (restricted game hunting licences) 19
19 Hunting of game animals on public land 20
A person who hunts a game animal on any public land and who is 21
required by Division 2 to hold a game hunting licence to do so is guilty 22
of an offence unless: 23
(a) a declaration is in force under this Division that permits the 24
person to hunt that game animal on that land at that time, and 25
(b) the person is the holder of a restricted game hunting licence. 26
Maximum penalty: 50 penalty units. 27
20 Special qualifications for restricted game hunting licence 28
(1) A person is not entitled to be granted a restricted game hunting licence 29
unless: 30
(a) the person is a member of a hunting club, or organisation, 31
approved by the Game Council, and 32
Page 13
Clause 20 Game Bill 2001
Part 3 Licensing and control of hunting for game animals
Division 3 Control of hunting for game animals on public lands (restricted game
hunting licences)
(b) the person satisfies the Game Council that he or she has 1
undertaken adequate training for the activities authorised by the 2
licence. 3
(2) In this section, adequate training includes training of a kind 4
prescribed by the regulations. 5
21 Declaration of public lands available for hunting game 6
(1) For the purposes of this section, the responsible Minister for public 7
lands is the Minister who has the care or control of the land or who is 8
responsible for the authority that has the care or control of the land. 9
(2) The responsible Minister for public land may make a declaration in 10
accordance with this section that game animals on that land may be 11
hunted by persons duly licensed under this Act. 12
(3) The responsible Minister is, before making a declaration, to have 13
regard to: 14
(a) the impact of the declaration on public safety, and 15
(b) the rights of others using the land, and 16
(c) any plan of management or other policy document relating to 17
the use or management of the land, and 18
(d) any recommendation of the authority that has care or control of 19
the land, and 20
(e) any recommendation of the Game Council. 21
(4) A declaration may be limited to particular parts of the land, to 22
particular game animals, to particular times or to other particular 23
circumstances. 24
(5) A declaration may require a person who hunts game animals in the 25
land concerned: 26
(a) to register with a specified person or body before hunting on 27
the land, and 28
(b) to comply with any exclusion or other notice issued or erected 29
by the authority that has the care or control of the land, and 30
(c) to comply with such other requirements as are specified in the 31
declaration. 32
A person is not permitted by the declaration to hunt game animals 33
unless any such requirements are complied with. 34
Page 14
Game Bill 2001 Clause 21
icensing and control of hunting for game animals Part 3
Control of hunting for game animals on public lands (restricted game Division 3
hunting licences)
(6) The responsible Minister is to give a copy of any declaration to the 1
Game Council and is to cause the declaration to be made public in 2
such manner as the Minister thinks fit. 3
(7) A declaration remains in force for the period specified in the 4
declaration unless it is sooner revoked by the responsible Minister. 5
(8) The responsible Minister may delegate to any authority or other person 6
any function of the Minister under this section. 7
(9) A declaration does not confer authority for anything that is inconsistent 8
with the requirements of any other Act or law. 9
(10) The Minister may vary or revoke a declaration under this section. 10
Division 4 Control of hunting for protected game animals 11
(occupiers game hunting licences) 12
22 Protected game animals 13
For the purposes of this Act, a protected game animal is a game 14
animal that is protected fauna within the meaning of the National 15
Parks and Wildlife Act 1974. 16
Note. Protected fauna is defined in that Act to mean any mammal, bird, reptile or 17
amphibian, except fauna of a species listed in Schedule 11 to that Act. The 18
species listed in that Schedule include carnivores, cloven hoofed animals, horses, 19
primates, hare, rabbit and squirrel. Accordingly, on the enactment of this Act, 20
protected game animals include some game birds. 21
23 Quotas on hunting protected game animals 22
(1) The Director-General of National Parks and Wildlife is to set annual 23
quotas of protected game animals that may be killed or captured by the 24
holders of game hunting licences. 25
(2) The following provisions apply to the setting of quotas by the 26
Director-General: 27
(a) the Director-General is subject to the same duties and 28
obligations as apply to the Director-General when exercising 29
functions with respect to protected game animals under the 30
National Parks and Wildlife Act 1974, 31
(b) quotas are not to be set for the purposes of enabling the hunting 32
of protected game animals for sporting or recreational purposes, 33
Page 15
Clause 23 Game Bill 2001
Part 3 Licensing and control of hunting for game animals
Division 4 Control of hunting for protected game animals (occupiers game hunting
licences)
(c) quotas are to be set, in accordance with a methodology 1
prescribed by the regulations, on the basis of the best scientific 2
information available of estimated regional population numbers 3
of protected game animals, 4
(d) quotas are to be set to enable the total number of protected 5
game animals permitted to be killed or captured to be hunted by 6
the holders of game hunting licences and not by the holders of 7
licences under the National Parks and Wildlife Act 1974, 8
(e) separate quotas may be set for different species of game 9
animals and different parts of the State, 10
(f) quotas may be revised from time to time. 11
(3) The Game Council is to ensure that the number of protected game 12
animals authorised to be killed or captured under the authority 13
conferred by occupiers game hunting licences complies with the 14
relevant quota set by the Director-General. 15
(4) The Director-General is not required to set annual quotas for all 16
species of protected game animals in all parts of the State. 17
Accordingly, if during a particular period no quota is set in respect of 18
a particular species or in respect of a particular part of the State, 19
occupiers game hunting licences may not be granted during that period 20
with respect to that species of animal or that part of the State. 21
(5) A regulation under subsection (2) (c) may only be made on the 22
recommendation or with the approval of the Minister administering the 23
National Parks and Wildlife Act 1974. 24
24 Hunting restrictions, auditing of compliance and other matters with 25
respect to protected game animals 26
(1) The Director-General of National Parks and Wildlife may determine 27
the following matters in consultation with the Game Council: 28
(a) the times during which particular species of protected game 29
animals may be killed or captured, 30
(b) requirements with respect to the tagging or other identification 31
of protected game animals killed or captured, 32
(c) guidelines with respect to systems established by the Game 33
Council for the auditing of compliance with this Act of the 34
hunting of protected game animals. 35
Page 16
Game Bill 2001 Clause 24
icensing and control of hunting for game animals Part 3
Control of hunting for protected game animals (occupiers game hunting Division 4
licences)
(2) The Game Council is to ensure that determinations under this section 1
are complied with in connection with the grant of occupiers game 2
hunting licences and in the exercise of its other relevant functions 3
under this Act. 4
(3) The Game Council is to include in its annual report to Parliament a 5
report on the number of protected game animals killed or captured by 6
the holders of game hunting licences during the reporting year in those 7
parts of the State in which the hunting of those animals is authorised 8
by the licences. 9
25 Identification test for hunters of waterfowl or quail 10
(1) This section applies to protected game animals that are waterfowl or 11
quail. 12
(2) A game hunting licence does not authorise the holder of the licence to 13
hunt any such protected game animals unless the holder has passed an 14
official identification test. 15
(3) In this section, official identification test means a test conducted by or 16
on behalf of the Game Council in connection with the identification of 17
any such protected game animals (including any such test conducted 18
before the commencement of this section by or on behalf of the 19
National Parks and Wildlife Service). 20
26 Exemption from licensing under National Parks and Wildlife Act 1974 21
(1) A person who hunts a protected game animal in accordance with this 22
Act does not commit any applicable offence under the National Parks 23
and Wildlife Act 1974 in connection with any such hunting if: 24
(a) the person is the holder of an occupiers game hunting licence 25
and hunts the protected game animal on land owned or 26
occupied by the person, or 27
(b) the person is the holder of any other game hunting licence and 28
hunts the protected game animal on land owned or occupied by 29
the holder of an occupiers game hunting licence and with the 30
permission of that holder. 31
(2) The following offences under the National Parks and Wildlife Act 32
1974 are applicable offences for the purposes of this section: 33
(a) any offence under section 98 or any other provision of that Act 34
of harming or using a thing to harm the game animal, 35
Page 17
Clause 26 Game Bill 2001
Part 3 Licensing and control of hunting for game animals
Division 4 Control of hunting for protected game animals (occupiers game hunting
licences)
(b) any offence under that Act of possessing the game animal or 1
the skin or any other part of the game animal (but not an 2
offence relating to the buying or selling of the game animal or 3
relating to the keeping of the game animal in captivity). 4
(3) This section applies whether or not the person holds a licence or other 5
authority under the National Parks and Wildlife Act 1974 which 6
authorises the hunting of the protected game animal concerned. 7
(4) The Director-General of National Parks and Wildlife may decline to 8
issue a licence or other authority under the National Parks and 9
Wildlife Act 1974 to harm a protected game animal if the harm can be 10
authorised by the grant of a game hunting licence under this Act. 11
Division 5 Provisions relating to game hunting licences 12
27 Grant of licences 13
(1) Game hunting licences are to be granted by the Game Council. 14
(2) The Game Council may approve or refuse applications for game 15
hunting licences in accordance with this Act and the regulations. 16
(3) The Game Council may refuse to grant a game hunting licence to a 17
person: 18
(a) if the person has been found guilty of an offence in New South 19
Wales or elsewhere (in the previous 10 years) involving cruelty 20
or harm to animals, personal violence, damage to property or 21
unlawful entry into land, or 22
(b) if the person is not eligible to hold the licence, or 23
(c) if the person is not a fit and proper person to hold the licence, 24
or 25
(d) in such other circumstances as are prescribed by the regulations. 26
28 Conditions of licences 27
(1) Game hunting licences may be granted unconditionally or subject to 28
conditions. 29
Page 18
Game Bill 2001 Clause 28
icensing and control of hunting for game animals Part 3
Provisions relating to game hunting licences Division 5
(2) After granting a game hunting licence, the Game Council may, by 1
notice in writing to the holder of the licence: 2
(a) impose conditions or further conditions on the licence, or 3
(b) vary or revoke any of the conditions to which the licence is 4
subject. 5
(3) A game hunting licence is also subject to such conditions as are 6
prescribed by the regulations. Any such condition cannot be varied or 7
revoked by the Game Council under this section. 8
(4) A condition under this section may restrict or limit an activity 9
authorised by the licence. 10
29 Offence to contravene conditions of licence 11
The holder of a game hunting licence must not contravene any 12
condition to which the licence is subject. 13
Maximum penalty: 50 penalty units. 14
30 Code of practice for licensed game hunters 15
(1) The Game Council is to issue a code of practice to be observed by 16
persons hunting game animals pursuant to a game hunting licence. 17
(2) Compliance with provisions of the code may be made a condition of 18
game hunting licences. 19
31 Duration of licence 20
(1) A game hunting licence remains in force (unless sooner cancelled) for 21
the period (not exceeding the relevant maximum period) specified in 22
the licence. 23
(2) The relevant maximum period is: 24
(a) 12 months, except as provided by paragraph (b), or 25
(b) the period prescribed by or determined in accordance with the 26
regulations. 27
(3) A game hunting licence is not in force during any period it is 28
suspended. 29
Page 19
Clause 32 Game Bill 2001
Part 3 Licensing and control of hunting for game animals
Division 5 Provisions relating to game hunting licences
32 Fees for applications and licences 1
The fees payable in respect of applications for licences and in respect 2
of the grant of licences are to be fixed by or determined in accordance 3
with the regulations. 4
33 Offences relating to licences 5
(1) A person must not pretend to be the holder of a game hunting licence. 6
(2) A person must not, for the purpose of obtaining a game hunting 7
licence, provide any information or produce any document that the 8
person knows is false or misleading in a material particular. 9
Maximum penalty: 50 penalty units. 10
34 Arrangements for granting licences 11
(1) The Game Council may enter into arrangements with any person for 12
the granting of game hunting licences to eligible applicants. A person 13
who enters into such an arrangement is an authorised agent for the 14
purposes of this Act. 15
(2) However, an arrangement cannot authorise an authorised agent to grant 16
a restricted game hunting licence or occupiers game hunting licence. 17
(3) An arrangement may include appropriate delegation of the functions 18
of the Game Council to authorised agents. 19
(4) An arrangement may make provision for the payment of commission 20
to an authorised agent, whether by way of retention of a percentage of 21
application or licence fees paid or by way of a separate payment. 22
(5) An arrangement may make provision for authorised agents to make 23
specified records with respect to the grant of game hunting licences 24
and the collection and remittance of licence fees. 25
35 Suspension or cancellation of licences by Game Council 26
(1) The Game Council may suspend or cancel a game hunting licence: 27
(a) if the person concerned is not qualified, or is no longer 28
qualified, to hold the licence, or 29
(b) if the person is found guilty of an offence in New South Wales 30
or elsewhere involving cruelty or harm to animals, personal 31
violence, damage to property or unlawful entry into land, or 32
(c) in such other circumstances as are prescribed by the regulations. 33
Page 20
Game Bill 2001 Clause 35
icensing and control of hunting for game animals Part 3
Provisions relating to game hunting licences Division 5
(2) The Game Council may at any time remove the suspension of a game 1
hunting licence (except a suspension imposed by a court). 2
36 Suspension or cancellation of licences by court in connection with 3
offence 4
(1) A court that convicts the holder of a game hunting licence of a game 5
hunting offence may, by order: 6
(a) cancel or suspend the licence, and 7
(b) disqualify the convicted person from holding or obtaining such 8
a licence for a period specified by the court. 9
(2) Any disqualification under this section is in addition to any penalty 10
imposed for the offence. 11
(3) In this section, a game hunting offence means: 12
(a) any offence against this Act or the regulations, or 13
(b) any offence relating to hunting for game that causes the death 14
or injury of a person or damage to property, or that causes a risk 15
of any such death, injury or damage. 16
37 Rights of review 17
(1) A person who is dissatisfied with any of the following decisions under 18
this Act may apply to the Administrative Decisions Tribunal for a 19
review of the decision: 20
(a) the refusal to grant a game hunting licence to the person, 21
(b) the imposition of conditions on the person's game hunting 22
licence (otherwise than by regulation), 23
(c) the suspension or cancellation of the person's game hunting 24
licence (otherwise than by a court). 25
(2) For the purposes of this section, an application for the grant of a game 26
hunting licence is taken to have been refused if the licence is not 27
granted within 60 days (or such other period as is prescribed by the 28
regulations) after the application was duly made. 29
38 Regulations relating to licences 30
(1) The regulations may make provision for or with respect to game 31
hunting licences. 32
Page 21
Clause 38 Game Bill 2001
Part 3 Licensing and control of hunting for game animals
Division 5 Provisions relating to game hunting licences
(2) In particular, the regulations may make provision for or with respect 1
to the following: 2
(a) restrictions on the authority conferred by a particular type of 3
licence or class of licence, 4
(b) applications for licences, 5
(c) the eligibility of applicants (including age, qualifications, 6
knowledge, experience and training), 7
(d) the testing or examination of applicants or the holders of 8
licences to determine whether they are or continue to be eligible 9
to hold a licence, 10
(e) the grant of further licences after the expiry of licences, 11
(f) the replacement of licences that are lost, destroyed or defaced, 12
(g) registers of licences and information with respect to licences, 13
(h) the return of licences that require alteration or that are 14
suspended or cancelled, 15
(i) fees payable in connection with licences and applications for 16
licences. 17
Page 22
Game Bill 2001 Clause 39
Investigations Part 4
Appointment of inspectors Division 1
Part 4 Investigations 1
Division 1 Appointment of inspectors 2
39 Appointment of inspectors 3
(1) The Game Council may appoint as an inspector for the purposes of this 4
Act and the regulations any of the following persons: 5
(a) a member of staff of the Game Council, 6
(b) a statutory officer, public servant or person employed by a 7
public or local authority, 8
(c) a person belonging to a class of persons prescribed by the 9
regulations. 10
(2) The number of inspectors appointed by the Game Council is not to 11
exceed the number determined by the Minister. 12
(3) The Game Council may, in and by the instrument of the inspector's 13
appointment, limit the functions that an inspector may exercise under 14
this Act (including limiting the purposes for or area in which the 15
functions may be exercised). 16
40 Police officers to be inspectors 17
(1) A police officer may exercise the functions of an inspector under this 18
Act, and for that purpose is taken to be an inspector. 19
(2) A police officer is not subject to the control or direction of the Game 20
Council in the exercise of any such function. 21
41 Identification 22
(1) Every inspector (other than a police officer) is to be issued with an 23
identification card as an inspector by the Game Council. 24
(2) The identification card must: 25
(a) state that it is issued under this Act, and 26
(b) give the name of the person to whom it is issued, and 27
(c) state any limitation on the inspector's functions, and 28
Page 23
Clause 41 Game Bill 2001
Part 4 Investigations
Division 1 Appointment of inspectors
(d) state the date (if any) on which it expires, and 1
(e) bear the signature of the chief executive officer of the Game 2
Council. 3
42 Production of identification 4
(1) A power conferred on an inspector by this Part to enter premises, or to 5
search or take other action on premises, may not be exercised unless 6
the inspector proposing to exercise the power is in possession of the 7
identification card issued to the inspector and produces the 8
identification card if required to do so by the occupier of the premises. 9
(2) This section does not apply to a police officer or to a power conferred 10
by a search warrant. 11
43 Offence of impersonating an inspector 12
A person must not impersonate, or falsely represent that the person is, 13
an inspector. 14
Maximum penalty: 10 penalty units. 15
Division 2 Powers of inspectors 16
44 Definitions 17
(1) In this Division: 18
game hunting offence means an offence against this Act or the 19
regulations, and includes any such offence that there are reasonable 20
grounds for believing has been, or is to be, committed. 21
search includes examine or inspect. 22
(2) For the purposes of this Division, a thing is connected with a game 23
hunting offence if it is: 24
(a) a thing with respect to which the offence has been committed, 25
or 26
(b) a thing that will afford evidence of the commission of the 27
offence, or 28
(c) a thing that was used, or is intended to be used, for the purpose 29
of committing the offence. 30
Page 24
Game Bill 2001 Clause 45
Investigations Part 4
Powers of inspectors Division 2
45 Powers of entry 1
(1) For the purposes of this Act or the regulations, an inspector may enter 2
any premises in which the inspector has reason to believe: 3
(a) persons are hunting for game to which this Act applies, or 4
(b) there is anything connected with a game hunting offence. 5
(2) The inspector must give the occupier of the premises notice of 6
intention to enter the premises unless: 7
(a) the entry is made with the permission of the occupier, or 8
(b) the entry is made to a part of the premises open to the public, 9
or 10
(c) the giving of notice would defeat the purpose for which the 11
premises were entered or would unreasonably delay the 12
inspector in a case of urgency. 13
(3) Entry under the power conferred by this section may only be made at 14
a reasonable time in the daytime or at any hour when the inspector has 15
reason to believe that game is being hunted on the premises. This 16
subsection does not apply to a power conferred by a search warrant. 17
46 Use of force on entry 18
(1) Reasonable force may be used for the purpose of gaining entry to 19
premises under a power conferred by this Division, but only if 20
authorised by the Game Council in accordance with this section or in 21
cases of emergency. 22
(2) The authority of the Game Council: 23
(a) must be in writing, and 24
(b) must be given in respect of the particular entry concerned, and 25
(c) must specify the circumstances that are required to exist before 26
force may be used. 27
(3) This section does not apply to a power conferred by a search warrant 28
and does not affect section 17 of the Search Warrants Act 1985. 29
Page 25
Clause 47 Game Bill 2001
Part 4 Investigations
Division 2 Powers of inspectors
47 Entry to premises used for residential purposes 1
The powers of entry conferred by this Division are not exercisable in 2
relation to any part of premises used only for residential purposes 3
except: 4
(a) with the permission of the occupier of the premises, or 5
(b) under the authority conferred by a search warrant. 6
48 Search warrant 7
(1) An inspector may apply to an authorised justice for a search warrant 8
if the inspector has reasonable grounds for believing that a provision 9
of this Act or the regulations has been or is being or is about to be 10
contravened in or about any premises. 11
(2) An authorised justice to whom an application is made under this 12
section may, if satisfied that there are reasonable grounds for doing so, 13
issue a search warrant authorising the inspector named in the warrant 14
to enter the premises and to search the premises for evidence of a 15
contravention of this Act or the regulations. 16
(3) Part 3 of the Search Warrants Act 1985 applies to a search warrant 17
issued under this section. 18
(4) In this section, authorised justice has the same meaning as it has in the 19
Search Warrants Act 1985. 20
49 General powers available on entry 21
For the purposes of this Act or the regulations, an inspector who enters 22
premises under this Division may do any of the following: 23
(a) search the premises for persons hunting for game or for 24
anything connected with a game hunting offence, 25
(b) require any person in or about those premises to answer 26
questions or otherwise furnish information, 27
(c) require the occupier of the premises to provide the inspector 28
with such assistance and facilities as is or are reasonably 29
necessary to enable the inspector to exercise the inspector's 30
functions, 31
Page 26
Game Bill 2001 Clause 49
Investigations Part 4
Powers of inspectors Division 2
(d) require the production of and inspect any documents in or about 1
those premises and take copies of or extracts from any such 2
documents, 3
(e) exercise all other functions that are conferred on an inspector 4
by this Act or the regulations. 5
50 Power to detain and search vehicles or vessels 6
(1) An inspector who has reason to believe that there is in or on a vehicle 7
or vessel anything connected with a game hunting offence may: 8
(a) stop and detain the vehicle or vessel, and 9
(b) enter and search the vehicle or vessel, and 10
(c) break open and search any container in or on the vehicle or 11
vessel that the inspector has reason to believe contains any such 12
thing. 13
(2) An inspector may require the person in charge of the vehicle or vessel 14
to take the vehicle or vessel to a specified place for the purposes of 15
searching the vehicle or vessel if it is not reasonably practicable to 16
carry out the search where the vehicle or vessel is stopped. 17
(3) An inspector may only exercise the power under this section of 18
requiring a vehicle to stop if accompanied by a police officer. 19
51 Power of seizure 20
(1) An inspector may seize anything that is found by the inspector in any 21
search under this Division and that the inspector has reason to believe 22
is connected with a game hunting offence. 23
(2) A power conferred by this section to seize a thing includes a power to 24
remove the thing from the place where it is found and a power to 25
guard the thing in or on the premises or to secure the thing from 26
interference. 27
(3) The State, the Game Council, an inspector and any other person are 28
not liable for any seizure under this section for which there was 29
reasonable cause. 30
(4) A court may order the forfeiture of a thing seized under this section in 31
connection with an offence if the court finds a person guilty of the 32
offence. A Local Court must not order the forfeiture of a thing unless 33
satisfied that the value of the thing does not exceed $10,000. 34
Page 27
Clause 51 Game Bill 2001
Part 4 Investigations
Division 2 Powers of inspectors
(5) The owner of anything seized under this section may dispute the 1
seizure by giving notice to that effect in writing to the Game Council 2
within 28 days after becoming aware of the seizure. 3
(6) If the seizure of a thing is so disputed by the owner, the thing is to be 4
returned to the owner (or the person from whom it was seized) unless: 5
(a) proceedings have been instituted for an offence in connection 6
with which the court may order the thing to be forfeited, or 7
(b) proceedings have been instituted under this section for the 8
forfeiture of the thing. 9
(7) An inspector may institute proceedings in the Local Court for the 10
forfeiture of a thing seized under this section and that court may order 11
the forfeiture of the thing if satisfied it was duly seized under this 12
section. 13
(8) Anything that is forfeited under this section (or the proceeds of its sale) 14
becomes the property of the State. 15
52 Power of inspectors to obtain information, documents and evidence 16
(1) An inspector may, by notice in writing served on a person, require the 17
person to do any one or more of the following things if the inspector 18
has reasonable grounds to believe that the person is capable of giving 19
information, producing documents or giving evidence in relation to a 20
possible game hunting offence: 21
(a) to give an inspector, in writing signed by the person (or, in the 22
case of a body corporate, by a competent officer of the body 23
corporate) and within the time and in the manner specified in 24
the notice, any such information of which the person has 25
knowledge, 26
(b) to produce to an inspector, in accordance with the notice, any 27
such documents. 28
(2) A notice under this section must contain a warning that a failure to 29
comply with the notice is an offence. 30
(3) An inspector may inspect a document produced in response to a notice 31
under this section and may make copies of, or take extracts from, the 32
document. 33
Page 28
Game Bill 2001 Clause 52
Investigations Part 4
Powers of inspectors Division 2
(4) An inspector may take possession, and retain possession for as long as 1
is necessary for the purposes of this Act, of a document produced in 2
response to a notice under this section if the person otherwise entitled 3
to possession of the document is supplied, as soon as practicable, with 4
a copy certified by an inspector to be a true copy. 5
(5) A certified copy provided under subsection (4) is receivable in all 6
courts as if it were the original. 7
(6) Until a certified copy of a document is provided under subsection (4), 8
the inspector who has possession of the document must, at such times 9
and places as the inspector thinks appropriate, permit the person 10
otherwise entitled to possession of the document, or a person 11
authorised by that person, to inspect the document and make copies of, 12
or take extracts from, the document. 13
53 Power of inspector to demand name and address and to demand game 14
hunting licence 15
(1) An inspector may require a person whom the inspector reasonably 16
suspects has committed a game hunting offence to state the person's 17
full name and residential address. 18
(2) An inspector may require a person whom the inspector reasonably 19
suspects is engaged in hunting for game for which a game licence is 20
required to produce the licence to the inspector for inspection. 21
(3) A person does not commit an offence under section 56 in respect of a 22
requirement made under this section if: 23
(a) the inspector does not, at the time when the inspector makes the 24
requirement, show the person the inspector's identification card, 25
or 26
(b) the inspector does not, at the time when the inspector makes the 27
requirement, warn the person that it would be an offence not to 28
comply with the requirement. 29
54 Protection from incrimination 30
(1) Self-incrimination not an excuse 31
A person is not excused from a requirement under this Division to 32
make a statement, to give or furnish information, to answer a question 33
or to produce a document on the ground that the statement, 34
information, answer or document might incriminate the person or 35
make the person liable to a penalty. 36
Page 29
Clause 54 Game Bill 2001
Part 4 Investigations
Division 2 Powers of inspectors
(2) Statement, information or answer not admissible if objection made 1
However, any statement made or any information or answer given or 2
furnished by a natural person in compliance with a requirement under 3
this Division is not admissible in evidence against the person in 4
criminal proceedings (except proceedings for an offence under this 5
Division) if: 6
(a) the person objected at the time to doing so on the ground that 7
it might incriminate the person, or 8
(b) the person was not warned on that occasion that the person may 9
object to making the statement or giving or furnishing the 10
information or answer on the ground that it might incriminate 11
the person. 12
(3) Documents admissible 13
Any document produced by a person in compliance with a requirement 14
under this Division is not inadmissible in evidence against the person 15
in criminal proceedings on the ground that the document might 16
incriminate the person. 17
(4) Further information 18
Further information obtained as a result of a document produced, a 19
statement made or information or answer given or furnished in 20
compliance with a requirement under this Division is not inadmissible 21
on the ground: 22
(a) that the document, statement, information or answer had to be 23
produced, made, given or furnished, or 24
(b) that the document, statement, information or answer might 25
incriminate the person. 26
55 Inspector may request assistance 27
(1) A police officer may accompany and take all reasonable steps to assist 28
an inspector in the exercise of the inspector's functions under this 29
Division: 30
(a) in executing a search warrant issued under section 48, or 31
(b) if the inspector reasonably believes that he or she may be 32
obstructed in the exercise of those functions. 33
(2) Any person whom an inspector believes to be capable of providing 34
assistance in the exercise of the inspector's functions under this 35
Division may accompany the inspector and take all reasonable steps to 36
assist the inspector in the exercise of the inspector's functions. 37
Page 30
Game Bill 2001 Clause 55
Investigations Part 4
Powers of inspectors Division 2
(3) Nothing in subsection (1) is to be taken to limit the generality of 1
section 18 of the Search Warrants Act 1985. 2
56 Offences 3
A person must not: 4
(a) without reasonable excuse, refuse or fail to comply with a 5
requirement made or to answer a question of an inspector asked 6
in accordance with this Division, or 7
(b) in purported compliance with a requirement under this 8
Division, or in answer to a question of an inspector asked in 9
accordance with this Division, give or furnish information or 10
evidence or produce a document knowing it to be false or 11
misleading in a material particular, or 12
(c) obstruct, hinder or impede an inspector in the exercise of the 13
inspector's functions under this Act. 14
Maximum penalty: 50 penalty units. 15
57 Care to be taken 16
In the exercise of a function under this Division, an inspector must do 17
as little damage as possible. 18
58 Compensation 19
The Game Council must pay compensation for any loss or damage 20
caused by any inspector in the exercise of any power to enter premises 21
under this Division, but not if that loss or damage is caused because 22
the occupier obstructed, hindered or restricted the inspector in the 23
exercise of the power of entry. 24
Page 31
Clause 59 Game Bill 2001
Part 5 Miscellaneous
Part 5 Miscellaneous 1
59 Crown not bound 2
This Act does not bind the Crown in any capacity. 3
Note. See also section 18 for exemption from licensing etc of government and 4
other employees. 5
60 Native title rights and interests 6
This Act does not affect the operation of the Native Title Act 1993 of 7
the Commonwealth or the Native Title (New South Wales) Act 1994 in 8
respect of the recognition of native title rights and interests within the 9
meaning of the Commonwealth Act or in any other respect. 10
61 Summary proceedings for offences 11
Proceedings for an offence under this Act or the regulations may be 12
dealt with summarily before a Local Court constituted by a Magistrate 13
sitting alone. 14
62 Penalty notices for certain offences 15
(1) An authorised officer may serve a penalty notice on a person if it 16
appears to the officer that the person has committed an offence under 17
this Act or the regulations, being an offence prescribed by the 18
regulations. 19
(2) A penalty notice is a notice to the effect that, if the person served does 20
not wish to have the matter dealt with by a court, the person may pay, 21
within the time and to the person specified in the notice, the amount 22
of penalty prescribed by the regulations for the offence if dealt with 23
under this section. 24
(3) A penalty notice may be served personally or by post. 25
(4) If the amount of penalty prescribed for an alleged offence is paid under 26
this section, no person is liable to any further proceedings for the 27
alleged offence. 28
(5) Payment under this section is not to be regarded as an admission of 29
liability for the purpose of, nor in any way as affecting or prejudicing, 30
any civil claim, action or proceedings arising out of the same 31
occurrence. 32
Page 32
Game Bill 2001 Clause 62
Miscellaneous Part 5
(6) The regulations may: 1
(a) prescribe an offence for the purposes of this section by 2
specifying the offence or by referring to the provision creating 3
the offence, and 4
(b) prescribe the amount of penalty payable for the offence if dealt 5
with under this section, and 6
(c) prescribe different amounts of penalties for different offences 7
or classes of offences. 8
(7) The amount of a penalty prescribed under this section for an offence 9
must not exceed the maximum amount of penalty which could be 10
imposed for the offence by a court. 11
(8) This section does not limit the operation of any other provision of, or 12
made under, this or any other Act relating to proceedings which may 13
be taken in respect of offences. 14
(9) In this section: 15
authorised officer means: 16
(a) an inspector, or 17
(b) a person declared by the regulations to be an authorised officer 18
for the purposes of this section. 19
63 Evidentiary statements 20
In a prosecution for an offence against this Act or the regulations, a 21
statement, purporting to be signed by the chief executive officer of the 22
Game Council or other prescribed person, relating to: 23
(a) a licence issued under this Act, or 24
(b) any other prescribed matter contained in a prescribed official 25
document relating to the administration of this Act, 26
and certifying that the contents of the statement are in accordance with 27
the particulars contained in the document, is admissible in any 28
proceedings and is evidence of the matters contained in the statement 29
without proof of the signature of the person by whom the statement 30
purports to have been signed. 31
Page 33
Clause 64 Game Bill 2001
Part 5 Miscellaneous
64 Onus of proof concerning reasonable excuse 1
In any proceedings for an offence against a provision of this Act or the 2
regulations, the onus of proving that a person had a reasonable excuse 3
(as referred to in the provision) lies with the defendant. 4
65 Regulations 5
(1) The Governor may make regulations, not inconsistent with this Act, for 6
or with respect to any matter that by this Act is required or permitted 7
to be prescribed or that is necessary or convenient to be prescribed for 8
carrying out or giving effect to this Act. 9
(2) The regulations may apply, adopt or incorporate any publication as in 10
force at a particular time or from time to time. 11
(3) The regulations may create offences punishable by a penalty not 12
exceeding 10 penalty units. 13
66 Notes 14
Notes in the text of this Act do not form part of this Act. 15
67 Amendment of other Acts 16
The Acts specified in Schedule 3 are amended as set out in that 17
Schedule. 18
68 Savings, transitional and other provisions 19
Schedule 4 has effect. 20
69 Review of Act 21
(1) The Minister is to review this Act to determine whether the policy 22
objectives of the Act remain valid and whether the terms of the Act 23
remain appropriate for securing those objectives. 24
(2) The review is to be undertaken as soon as possible after the period of 25
5 years from the date of assent to this Act. 26
(3) A report on the outcome of the review is to be tabled in each House of 27
Parliament within 12 months after the end of the period of 5 years. 28
Page 34
Game Bill 2001
Provisions relating to members and procedure of Game Council Schedule 1
Schedule 1 Provisions relating to members and 1
procedure of Game Council 2
(Section 8) 3
Part 1 Preliminary 4
1 Definitions 5
In this Schedule: 6
Chairperson means the Chairperson of the Game Council. 7
member means any member of the Game Council. 8
Part 2 Members 9
2 Nomination of members 10
(1) If the nomination of a person for appointment as a member (or the 11
nomination of a panel of persons from which a member is to be 12
appointed) is not made within the time and in the manner directed by 13
the Minister, the Minister may appoint a person to be a member 14
instead of the person required to be appointed on that nomination (or 15
from a panel so nominated). 16
(2) A person so appointed is taken to have been duly nominated for 17
appointment. 18
3 Terms of office of members 19
Subject to this Schedule, a member holds office for such period (not 20
exceeding 3 years) as is specified in the member's instrument of 21
appointment, but is eligible (if otherwise qualified) for re-appointment. 22
4 Chairperson 23
(1) One of the members appointed on the nomination of hunting 24
organisations under section 8 (2) (a) is to be appointed by the Minister 25
as Chairperson of the Game Council. 26
Page 35
Game Bill 2001
Schedule 1 Provisions relating to members and procedure of Game Council
(2) The appointment may be made in and by the member's instrument of 1
appointment as a member or by a subsequent instrument executed by 2
the Minister. 3
(3) The Minister may remove a member from office as Chairperson at any 4
time. 5
(4) A member who is a member and Chairperson vacates office as 6
Chairperson if the person: 7
(a) is removed from that office by the Minister, or 8
(b) resigns that office by instrument in writing addressed to the 9
Minister, or 10
(c) ceases to be a member. 11
5 Deputies 12
(1) The Minister may, from time to time, appoint a person to be the deputy 13
of a member, and the Minister may revoke any such appointment. The 14
Minister may authorise the Game Council to appoint a deputy under 15
this subclause for the purposes of a particular meeting of the Game 16
Council. 17
(2) In the absence of a member, the member's deputy may, if available, act 18
in the place of the member. 19
(3) While acting in the place of a member, a person: 20
(a) has all the functions of the member and is taken to be a 21
member, and 22
(b) is entitled to be paid such remuneration (including travelling 23
and subsistence allowances) as the Minister may from time to 24
time determine in respect of the person. 25
(4) For the purposes of this clause, a vacancy in the office of a member is 26
taken to be an absence of the member. 27
(5) For the purposes of this clause, the functions of a member do not 28
include the member's functions as a member of the Committee of 29
Management, unless the Minister otherwise directs. 30
6 Remuneration 31
A member is entitled to be paid such remuneration (including 32
travelling and subsistence allowances) as the Minister may from time 33
to time determine in respect of the member. 34
Page 36
Game Bill 2001
Provisions relating to members and procedure of Game Council Schedule 1
7 Vacancy in office of member 1
(1) The office of a member becomes vacant if the member: 2
(a) dies, or 3
(b) completes a term of office and is not re-appointed, or 4
(c) resigns the office by instrument in writing addressed to the 5
Minister, or 6
(d) is removed from office by the Minister under this clause, or 7
(e) is absent from 3 consecutive meetings of the Games Council of 8
which reasonable notice has been given to the member 9
personally or by post, except on leave granted by the Minister 10
or unless the member is excused by the Minister for having 11
been absent from those meetings, or 12
(f) becomes bankrupt, applies to take the benefit of any law for the 13
relief of bankrupt or insolvent debtors, compounds with his or 14
her creditors or makes an assignment of his or her remuneration 15
for their benefit, or 16
(g) becomes a mentally incapacitated person, or 17
(h) is convicted in New South Wales of an offence that is 18
punishable by imprisonment for 12 months or more or is 19
convicted elsewhere than in New South Wales of an offence 20
that, if committed in New South Wales, would be an offence so 21
punishable. 22
(2) The Minister may at any time remove a member from office. 23
8 Filling of vacancy in office of member 24
If the office of any member becomes vacant, a person is, subject to this 25
Act, to be appointed to fill the vacancy. 26
9 Disclosure of pecuniary interests 27
(1) If: 28
(a) a member has a direct or indirect pecuniary interest in a matter 29
being considered or about to be considered at a meeting of the 30
Game Council, and 31
(b) the interest appears to raise a conflict with the proper 32
performance of the member's duties in relation to the 33
consideration of the matter, 34
Page 37
Game Bill 2001
Schedule 1 Provisions relating to members and procedure of Game Council
the member must, as soon as possible after the relevant facts have 1
come to the member's knowledge, disclose the nature of the interest at 2
a meeting of the Game Council. 3
(2) A disclosure by a member at a meeting of the Game Council that the 4
member: 5
(a) is a member, or is in the employment, of a specified company 6
or other body, or 7
(b) is a partner, or is in the employment, of a specified person, or 8
(c) has some other specified interest relating to a specified 9
company or other body or to a specified person, 10
is a sufficient disclosure of the nature of the interest in any matter 11
relating to that company or other body or to that person which may 12
arise after the date of the disclosure and which is required to be 13
disclosed under subclause (1). 14
(3) Particulars of any disclosure made under this clause must be recorded 15
by the Game Council in a book kept for the purpose and that book 16
must be open at all reasonable hours to inspection by any person on 17
payment of the fee determined by the Game Council. 18
(4) After a member has disclosed the nature of an interest in any matter, 19
the member must not, unless the Minister or the Game Council 20
otherwise determines: 21
(a) be present during any deliberation of the Game Council with 22
respect to the matter, or 23
(b) take part in any decision of the Game Council with respect to 24
the matter. 25
(5) For the purposes of the making of a determination by the Game 26
Council under subclause (4), a member who has a direct or indirect 27
pecuniary interest in a matter to which the disclosure relates must not: 28
(a) be present during any deliberation of the Game Council for the 29
purpose of making the determination, or 30
(b) take part in the making by the Game Council of the 31
determination. 32
(6) A contravention of this clause does not invalidate any decision of the 33
Game Council. 34
Page 38
Game Bill 2001
Provisions relating to members and procedure of Game Council Schedule 1
(7) For the purposes of this clause, a member does not have a pecuniary 1
interest in a matter merely because the member is a member of a 2
hunting club or organisation. 3
10 Effect of certain other Acts 4
(1) Part 2 of the Public Sector Management Act 1988 does not apply to or 5
in respect of the appointment of a member. 6
(2) If by or under any Act provision is made: 7
(a) requiring a person who is the holder of a specified office to 8
devote the whole of his or her time to the duties of that office, 9
or 10
(b) prohibiting the person from engaging in employment outside 11
the duties of that office, 12
the provision does not operate to disqualify the person from holding 13
that office and also the office of a member or from accepting and 14
retaining any remuneration payable to the person under this Act as a 15
member. 16
11 Personal liability 17
A matter or thing done or omitted to be done by the Game Council, a 18
member of the Game Council or a person acting under the direction of 19
the Game Council does not, if the matter or thing was done or omitted 20
to be done in good faith for the purposes of executing this or any other 21
Act, subject a member or a person so acting personally to any action, 22
liability, claim or demand. 23
Part 3 Procedure 24
12 General procedure 25
The procedure for the calling of meetings of the Game Council and for 26
the conduct of business at those meetings is, subject to this Act and the 27
regulations, to be as determined by the Game Council. 28
13 Quorum 29
The quorum for a meeting of the Game Council is 8 members. 30
Page 39
Game Bill 2001
Schedule 1 Provisions relating to members and procedure of Game Council
14 Presiding member 1
(1) The Chairperson or, in the absence of the Chairperson, another 2
member elected to chair the meeting by the members present is to 3
preside at a meeting of the Game Council. 4
(2) The presiding member has a deliberative vote and, in the event of an 5
equality of votes, has a second or casting vote. 6
15 Voting 7
A decision supported by a majority of the votes cast at a meeting of the 8
Game Council at which a quorum is present is the decision of the 9
Game Council. 10
16 Transaction of business outside meetings or by telephone 11
(1) The Game Council may, if it thinks fit, transact any of its business by 12
the circulation of papers among all the members of the Game Council 13
for the time being, and a resolution in writing approved in writing by 14
a majority of those members is taken to be a decision of the Game 15
Council. 16
(2) The Game Council may, if it thinks fit, transact any of its business at 17
a meeting at which members (or some members) participate by 18
telephone, closed-circuit television or other means, but only if any 19
member who speaks on a matter before the meeting can be heard by 20
the other members. 21
(3) For the purposes of: 22
(a) the approval of a resolution under subclause (1), or 23
(b) a meeting held in accordance with subclause (2), 24
the Chairperson and each member have the same voting rights as they 25
have at an ordinary meeting of the Game Council. 26
(4) A resolution approved under subclause (1) is, subject to the 27
regulations, to be recorded in the minutes of the meetings of the Game 28
Council. 29
(5) Papers may be circulated among the members for the purposes of 30
subclause (1) by facsimile or other transmission of the information in 31
the papers concerned. 32
Page 40
Game Bill 2001
Provisions relating to members and procedure of Game Council Schedule 1
17 Frequency of meetings 1
The Game Council is to meet at least twice each year. 2
18 First meeting 3
The Minister may call the first meeting of the Game Council in such 4
manner as the Minister thinks fit. 5
Page 41
Game Bill 2001
Schedule 2 Provisions relating to members and procedure of Committee of
Management
Schedule 2 Provisions relating to members and 1
procedure of Committee of Management 2
(Section 10) 3
1 Definitions 4
In this Schedule: 5
appointed member means any member other than the chief executive 6
officer of the Game Council. 7
Chairperson means the Chairperson of the Game Council and the 8
Committee of Management. 9
member means any member of the Committee of Management. 10
2 Disclosure of pecuniary interests 11
(1) If: 12
(a) a member has a direct or indirect pecuniary interest in a matter 13
being considered or about to be considered at a meeting of the 14
Committee of Management, and 15
(b) the interest appears to raise a conflict with the proper 16
performance of the member's duties in relation to the 17
consideration of the matter, 18
the member must, as soon as possible after the relevant facts have 19
come to the member's knowledge, disclose the nature of the interest at 20
a meeting of the Committee of Management. 21
(2) A disclosure by a member at a meeting of the Committee of 22
Management that the member: 23
(a) is a member, or is in the employment, of a specified company 24
or other body, or 25
(b) is a partner, or is in the employment, of a specified person, or 26
(c) has some other specified interest relating to a specified 27
company or other body or to a specified person, 28
is a sufficient disclosure of the nature of the interest in any matter 29
relating to that company or other body or to that person which may 30
arise after the date of the disclosure and which is required to be 31
disclosed under subclause (1). 32
Page 42
Game Bill 2001
Provisions relating to members and procedure of Committee of Schedule 2
Management
(3) Particulars of any disclosure made under this clause must be recorded 1
by the Committee of Management in a book kept for the purpose and 2
that book must be open at all reasonable hours to inspection by any 3
person on payment of the fee determined by the Committee of 4
Management. 5
(4) After a member has disclosed the nature of an interest in any matter, 6
the member must not, unless the Minister, the Game Council or the 7
Committee of Management otherwise determines: 8
(a) be present during any deliberation of the Committee of 9
Management with respect to the matter, or 10
(b) take part in any decision of the Committee of Management with 11
respect to the matter. 12
(5) For the purposes of the making of a determination by the Committee 13
of Management under subclause (4), a member who has a direct or 14
indirect pecuniary interest in a matter to which the disclosure relates 15
must not: 16
(a) be present during any deliberation of the Committee of 17
Management for the purpose of making the determination, or 18
(b) take part in the making by the Committee of Management of 19
the determination. 20
(6) A contravention of this clause does not invalidate any decision of the 21
Committee of Management. 22
3 Personal liability 23
A matter or thing done or omitted to be done by the Committee of 24
Management, a member of the Committee of Management or a person 25
acting under the direction of the Committee of Management does not, 26
if the matter or thing was done or omitted to be done in good faith for 27
the purposes of executing this or any other Act, subject a member or 28
a person so acting personally to any action, liability, claim or demand. 29
4 General procedure 30
The procedure for the calling of meetings of the Committee of 31
Management and for the conduct of business at those meetings is, 32
subject to this Act and the regulations, to be as determined by the 33
Committee of Management. 34
Page 43
Game Bill 2001
Schedule 2 Provisions relating to members and procedure of Committee of
Management
5 Quorum 1
The quorum for a meeting of the Committee of Management is 2
4 members. 3
6 Presiding member 4
(1) The Chairperson or, in the absence of the Chairperson, another 5
member elected to chair the meeting by the members present is to 6
preside at a meeting of the Committee of Management. 7
(2) The presiding member has a deliberative vote and, in the event of an 8
equality of votes, has a second or casting vote. 9
7 Voting 10
A decision supported by a majority of the votes cast at a meeting of the 11
Committee of Management at which a quorum is present is the 12
decision of the Committee of Management. 13
8 Transaction of business outside meetings or by telephone 14
(1) The Committee of Management may, if it thinks fit, transact any of its 15
business by the circulation of papers among all the members of the 16
Committee of Management for the time being, and a resolution in 17
writing approved in writing by a majority of those members is taken 18
to be a decision of the Committee of Management. 19
(2) The Committee of Management may, if it thinks fit, transact any of its 20
business at a meeting at which members (or some members) 21
participate by telephone, closed-circuit television or other means, but 22
only if any member who speaks on a matter before the meeting can be 23
heard by the other members. 24
(3) For the purposes of: 25
(a) the approval of a resolution under subclause (1), or 26
(b) a meeting held in accordance with subclause (2), 27
the Chairperson and each member have the same voting rights as they 28
have at an ordinary meeting of the Committee of Management. 29
(4) A resolution approved under subclause (1) is, subject to the 30
regulations, to be recorded in the minutes of the meetings of the 31
Committee of Management. 32
Page 44
Game Bill 2001
Provisions relating to members and procedure of Committee of Schedule 2
Management
(5) Papers may be circulated among the members for the purposes of 1
subclause (1) by facsimile or other transmission of the information in 2
the papers concerned. 3
9 First meeting 4
The Game Council may call the first meeting of the Committee of 5
Management in such manner as the Game Council thinks fit. 6
Page 45
Game Bill 2001
Schedule 3 Amendment of other Acts
Schedule 3 Amendment of other Acts 1
(Section 67) 2
3.1 Fines Act 1996 No 99 3
Schedule 1 Statutory provisions under which penalty notices 4
issued 5
Insert in alphabetical order: 6
Game Act 2001, section 62 7
3.2 Forestry Act 1916 No 55 8
[1] Section 32B Hunting permits 9
Omit the section. 10
[2] Section 32C Offences relating to hunting and using firearms etc 11
Omit ", occupation or hunting permit under this Act" from section 12
32C (3) (a). 13
Insert instead "or occupation permit under this Act, a restricted game 14
hunting licence under the Game Act 2001". 15
3.3 Public Finance and Audit Act 1983 No 152 16
Schedule 2 Statutory bodies 17
Insert in alphabetical order: 18
Game Council of New South Wales 19
Page 46
Game Bill 2001
Amendment of other Acts Schedule 3
3.4 Rural Lands Protection Act 1998 No 143 1
Section 144 When can a pest control order be made? 2
Insert after section 144 (2): 3
(3) The Minister must consult with the Game Council of New 4
South Wales before making a pest control order declaring a 5
game animal that is not a pest animal (within the meaning of 6
the Game Act 2001) to be a pest. 7
3.5 Search Warrants Act 1985 No 37 8
Section 10 Definitions 9
Insert in alphabetical order of Acts in the definition of search warrant: 10
section 48 of the Game Act 2001, 11
Page 47
Game Bill 2001
Schedule 4 Savings, transitional and other provisions
Schedule 4 Savings, transitional and other provisions 1
(Section 68) 2
Part 1 Regulations 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of the following Acts: 6
this Act 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication in the Gazette, the provision 11
does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
Part 2 Provisions consequent on enactment of this Act 19
2 Saving of hunting permits under Forestry Act 1916 20
(1) In this clause, existing hunting permit means a hunting permit issued 21
under section 32B of the Forestry Act 1916 that is in force on the 22
repeal of that section by this Act. 23
(2) An existing hunting permit continues, until it ceases to be in force, to 24
confer the same authority for the purposes of the Forestry Act 1916 as 25
the authority conferred by the permit under section 32B of that Act 26
immediately before the repeal of that section by this Act. 27
Page 48
Game Bill 2001
Savings, transitional and other provisions Schedule 4
(3) An existing hunting permit is, except as provided by the regulations 1
under this Schedule, taken to be a restricted game hunting licence 2
granted under this Act, but only in respect of the hunting of game 3
animals on land for which it was granted. 4
3 Saving of licences etc granted under NPW Act 5
The enactment of this Act does not affect any licence or other authority 6
granted under the National Parks and Wildlife Act 1974. 7
Page 49
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