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NATURE CONSERVATION ACT 1992 - SECT 88A
Restriction on keeping or use of lawfully taken protected animal
88A Restriction on keeping or use of lawfully taken protected animal
(1) Subject to section 93 , a person, other than an authorised person, must
not keep or use a protected animal that is either of the following unless the
keeping or use is authorised under this Act or the Exhibited Animals Act 2015
— (a) a protected animal, if the animal has, at any time, been taken and the
taking was authorised under this Act or a law of another State;
(b) a
descendant of an animal mentioned in paragraph (a) .
Penalty— Maximum
penalty— (a) generally—1,000 penalty units; or
(b) if a circumstance
mentioned in subsection (2) applies—100 penalty units.
(2) For subsection
(1) , the circumstances are that— (a) in the 12 months before the commission
of the offence, the person held a licence, permit or other authority (the
"former authority" ) under this Act and— (i) the former authority is no
longer in force; and
(ii) had the former authority still been in force, the
offence would not have been committed; and
(iii) the former authority ceased
to be in force for a reason other than its cancellation or suspension; and
(iv) an application to renew the former authority has not been refused; or
(b) the offence only relates to moving the animal.
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