(1) A person must not, unless the person has a reasonable excuse, use a dog, or other animal, to take a protected animal.Penalty—Maximum penalty—120 penalty units.Notes—1 See section 133 for additional requirements about taking an animal under a harvesting licence.2 See section 171 for additional requirements about taking a flying-fox under a damage mitigation permit.
(2) Subsection (1) does not apply if—(a) the person is authorised to take the protected animal under the Act ; and(b) a conservation plan applying to the protected animal authorises the person to take the protected animal by using a dog or other animal; and(c) the person complies with the conservation plan when taking the protected animal.