Queensland Consolidated Regulations

NATURE CONSERVATION (ANIMALS) REGULATION 2020 - REG 238

238 Suitability based on convictions

(1) A person is not a suitable person to hold an animal authority if—

(a) the person, or an associate of the person, has, within 3 years before the relevant day, been convicted of—

(i) an offence against the Act ; or

(ii) an animal welfare offence under the Animal Care and Protection Act 2001 ; or

(iii) an offence under another Act relating to wildlife; or

(iv) an offence, however described, equivalent to an offence mentioned in any of subparagraphs (i) to (iii) under the law of another State or country; and

(b) the chief executive is satisfied the activities of the person that led to the conviction are of the same nature as the activities to be carried out under the authority.

Examples of when chief executive may be satisfied—

1 A person convicted of an offence against section 62 of the Act for taking an animal that was a natural resource of a protected area applies for an animal authority for taking a protected animal.

2 A person convicted of an offence against section 88 of the Act for taking a protected animal applies for an animal authority for taking a protected animal.

(2) Subsection (1) does not apply if—

(a) the person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999 ; or

(b) the authority is a damage mitigation permit and the chief executive is satisfied the person is a suitable person to hold the permit, having regard to—

(i) the person’s ability to carry out the activities under the permit in a competent and ethical way; and

(ii) the nature of the offence, including, for example, whether it is against a provision of an Act or a provision of subordinate legislation; and

(iii) any previous conviction, other than a spent conviction, of the person, or an associate of the person, for an offence mentioned in subsection (1) (a) ; and

(iv) in relation to a conviction, or previous conviction, for an offence under the law of another State or country—the classification of any wildlife to which the conviction relates under the law of the other State or country.