Victorian Current Acts Victorian Current Acts(1) A person must not take, trade in, keep, move or process a restricted use protected flora for the purposes of sale or personal use, unless an exception in subsection (2) applies.
Penalty: In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
(2) For the purposes of subsection (1), the exceptions are as follows—
(a) the person is acting in accordance with a licence or permit under section 48 or an authorisation under section 48A;
(b) if the member of the restricted use protected flora was taken from private land, the person—
(i) is the landowner or a person given permission by the landowner to take the member; and
(ii) did not take the member for the purposes of sale or has not sold or offered the member for sale;
(c) the member of the restricted use protected flora was propagated from another member of the restricted use protected flora which had been lawfully obtained and kept.
S. 47A inserted by No. 28/2019 s. 22.